



GojpgMK'i 



COPIRtGHT DEPOSm 



The Torrens System 

A MANUAL 

OF THE 

Uniform Land Registration Act 
in Virginia 

To which is appended the Annotated 

Act, proposed Rules of Court, and 

a complete System of Forms 



EUGENE C. MASSIE 
Richmond, Virginia % " 



RICHMOND: 

EVERETT WADDEY CO. 

1916 






Copyright 

1916 

By Eugene C. Massie 



v^ 



OCT 18 1916 

©CI.A438931 



PREFACE 

I have just had the privilege of reading the advance 
sheets of a treatise on the act of February 24, 1916, of the 
General Assembly of Virginia, entitled, "The Uniform 
Land Eegistration Act," but popularly known as the 
Torrens Land Law. It is very fitting that this illuminat- 
ing little book should be given the public and the profes- 
sion by the Hon. Eugene C. Massie. To him this com- 
monwealth owes the enactment of the law. His grasp of 
the Torrens system which enabled him to draft a law 
suitable to Virginia; his long, vigorous and intelligent 
propaganda; his eminence throughout the country as one 
of the ablest and most devoted of the national protagonists 
of reform of the land laws ; his accurate knowledge of the 
spirit as well as the administrative machinery of the act, 
combine to give to this treatise a value and an authority 
which could hardly have come from any other source. 

Some years ago I heard Mr. Massie, from his seat in the 
House of Delegates, deliver in advocacy of his bill embody- 
ing the principles of the Torrens system, the most power- 
ful and eloquent argument I have ever listened to on the 
floor of either House. The time was not then ripe, but 
his labors then and since have now borne their fruit. 
With such equipment it has been a labor of love to pre- 
pare this guide book to the proper understanding and 



administration of the law which he did so much to put on 
the statute books. 

The book not only contains an annotated copy of the 
act itself, but answers with vigor and ability the criticisms 
based upon grounds of legality and expediency to which 
the act has been subjected. I think Mr. Massie has made 
a valuable and permanent contribution to the literature 
of the law. 

EICHAED EVELYN BYRD. 
Mountain Lake, Virginia, August 5, 1916. 



CONTENTS 

PAGE 

Preface iii 

Table of Cases Cited vii 

Foreword xv 

Chapter I — Historical Statement; Land laws; Sir Robert 
Richard Torrens; The Torrens System; The American 
Bar Association; The Uniform Land Registration Act; 
Torrens Acts in the United States 1 

Chapter II — Practical point's; Application of the Act; Not 

compulsory; A new method of clearing titles; Guaran- 

■ teed title; New method of dealing with lands; Taxes 

kept straight; No forfeiture; A business proposition; 

Short loans and small loans; Freedom; Fraud prevented. 7 

Chapter III — What will registration cost? A permanent im- 

improvement; Costs incurred only once; It will pay you 11 

Chapter IV — The record system and the registry system; 
The record system deals only with evidences of title; its 
defects; The registry system deals with the title itself; 
its advantages 14 

Chapter V — How the Torrens System affects farmers; What 
the State owes you; What the State should have done; 
What the State has not done; What the Legislature of 
1916 has done; What the Torrens System will do for 
the farmers; The Federal Farm Loan Act 18 

Chapter VI — How the Torrens System affects business men; 
The homes of business men; Evidences from Illinois, 
Massachusetts and Minnesota; The business of business 
men ; No false credit 25 

Chapter VII — How the Torrens System affects real estate 
agents and banks; Friends of the country people; 
World's Real Property Congress; Mr. Joseph Bryan; 
Virginia Real Estate Association; Real estate agents; 
Virginia Bankers' Association; Land values under the 
Act ; Increase of bankable capital 30 



PAGE 

Chapter VIII — How the Torrens System affects clerks and 
sheriffs; Public office a public trust; Clerks of courts; 
Duties of registrars ; Sheriffs 36 

Chapter IX — How the Torrens System affects county treas- 
urers and surveyors; Delinquent taxes; County treas- 
urers; County surveyors 41 

Chapter X — How the Torrens System affects the homes of 
the people; Thomas Jefferson's opinion; The small land 
holders; The people most interested; How many own 
land ; Who bears the burdens 44 

Chapter XI — How the Act operates; Original registration; 
The petition; Reference to examiner; Process; The 
hearing; Survey; Adjudication of title; Certificate of 
title; Owner's duplicate certificate; Transfers; Pledges; 
Other effects; The assurance fund 49 

Chapter XII — Legal questions; Objections; Tyler v. Judges; 
Replies to Objections; Supreme Court decisions; Due 
process of law; Constitutional construction; Extremity 
of opposition; Police power; Sociological needs; Nego- 
tiable land titles; Real and personal property; Livery 
of seisin; Burdens on lands; The demands of com- 
merce satisfied by the Torrens System 55 

Appendix. 

I. The Uniform Land Registration Act annotated with refer- 

ence to all other Torrens Acts in the United States and 
with reference to all decisions thereon in the United 
States 75 

II. Rules of court , 117 

III. A complete set of forms . 129 

Index 169 



vi 



TABLE OF CASES CITED 

PAGR 

Ainsworth ads. Reaves, 219 U. S. 296 61 

Alderson ads. National Bond Co., 99 Minn. 139 84 

Amunsden vs. Glos, 271 111. 209 85, 87 

American Land Co. vs. Zeiss, 219 U. S. 47 77 

Anderson ads. Tinsley, 171 U. S. 101 61 

Arnold vs. Smith, 121 Minn. 116 108 

Arndt vs. Griggs, 134 U. S. 31 59 

Atkins ads. Foss, 201 Mass. 158 79, 92 

Attorney-General ads. McQuesten, 187 Mass. 185 79 

Baart vs. Martin, 99 Minn. 197 89, 107, 116 

Barkenthein vs. People, 212 N. Y. 36 57 

Battelle vs. N. Y., etc., Ry., 211 Mass. 442 94 

Beaureguard vs. New Orleans, 18 How. 497 59 

Bergman ads. Tomczak, 269 111. 330 85, 114 

Bigelow vs. Wiggin, 209 Mass. 542 79 

Bjork vs. Glos, 256 111. 447 57, 83 

Boiney ads. Van Ness, 214 Mass. 340 79 

Bolla vs. Nebraska, 176 U. S. 83 61 

Bonner vs. Glos, 270 111. 567 87 

Brace vs. Superior Land Co., 65 Wash. 681 57, 109 

Bragdon ads. Glos, 229 111. 223 91 

Briggs ads. Welsh, 204 Mass. 540 87 

Brooke vs. Glos, 243 111. 392 .,. .57, 77, 85, 115 

Brookfield ads. Lachman, 135 N. Y. St. 261 116 

Brooks ads. Weeks, 205 Mass. 450 79 

Brown ads. Curtis, 219 Mass. 157 79 

Brown vs. Haggadorn, 119 Minn. 491 85, 93 

Burke ads. Davis, 179 U. S. 399 61 

Caldwell vs. Texas, 137 U. S. 692 61 

California ads. Hurtado, 110 U. S. 16 61, 62 

Cape Lookout vs. Gold, 167 N. C. 63 57, 116 

Chamberlain ads. Lewis, 61 Or. 150 5f 

Chase ads. People, 165 111. 527 81 

Christian Union vs. Yount, 101 u". S. 352 59 



vn 



PAGE 

City of St. Paul ads. Gould, 110 Minn. 324 94 

City of St. Paul ads. Midway Co., 128 Minn. 135 .. . 91 

Cobb ads. Marvel, 204 Mass. 117 * 79 

Cobb ads. Mitchell, 220 Mass. 60 80 

Commonwealth ads. McQuesten, 198 Mass. 172 92 

Consolidated Co. vs. Vermont, 207 U. S. 451 64 

Consumers Co. ads. Gage, 194 111. 30 83, 87 

Cotting ads. Minot, 179 Mass. 325 95 

Covell ads. O'Loughlin, 222 111. 162 83, 85, 87 

Crabbe vs. Hardy, 135 N. Y. St. 119 116 

Craft ads. Simon, 182 U. S. 427 61 

Crezer vs. Spitzer, 244 111. 208 85, 87 

Crissman ads. People, 41 Col. 450 57, 76, 77, 78, 81, 91 

Culver vs. Waters, 248 111. 163 84, 115 

Curtis vs. Brown, 219 Mass. 157 79 

Davidson vs. New Orleans, 95 U. S. 97 60, 61 

Davis vs. Burke, 179 U. S. 399 61 

Dewey vs. Kimball, 89 Minn. 454 87 

Dicus ads. Petes, 254 111. 379 94, 108 

Dodge ads. Krutz, 66 Wash. 178 ... 57, 92 

Dow ads. Maxwell, 176 U. S. 581 61 

Doyle vs. Wagner, 108 Minn. 443 109 

Duffy vs. Shirden, 139 N. Y. App. Div. 755 57, 83, 85 

Duluth ads. Peters, 119 Minn. 96 57, 77, 79, 92, 116 

Dunbar vs. Kronmuller, 198 Mass. 591 79 

Ehrhardt ads. Glos, 224 111. 532 91 

Evans ads. Habib, 222 Mass. 480 79 

Ex parte Wall, 107 U. S. 265 61 

Ferris ads. Goodrich, 214 U. S. 71 64 

Finn vs. Glos, 268 111. 350 89, 95 

First Nat. Bk. vs. Woburn, 192 Mass. 220 95 

Fogarty ads. Shevlin, 133 Minn. 456 54, 87, 106, 111 

Foss vs. Atkins, 201 Mass. 158 79, 92 

Fox ads. U. S., 94 U. S. 315 59 

Foulkes vs. Glos, 272 111. 364 85 

Gage vs. Consumers Co., 194 111. 30 83, 87 

Gates vs. Keigher, 99 Minn. 138 94 

Gibson vs. Glos, 271 111. 368 84, 89 

Glos ads. Amunsden, 271 111. 209 85, 87 

Glos ads. Bjork, 256 111. 447 ... 57, 83 

Glos ads. Bonner, 270 111. 567 87 

viii 



PAGE 

Glos vs. Bragdon, 229 111. 223 , 91 

Glos ads. Brooke, 243 111. 392 57, 77, 85, 115 

Glos vs. Ehrhardt, 224 111. 532 91 

Glos ads. Finn, 268 HI. 350 89, 95 

Glos ads. Foulkes, 272 111. 364 * 85 

Glos ads. Gibson, 271 111. 368 84, 89 

Glos ads. Goetz, 266 111. 238 84 

Glos vs. Grant, B. A., 229 111. 387 83, 91 

Glos ads. Hammond, 250 111. 32 57, 77 

Glos ads. Harts, 271 111. 376 85 

Glos ads. Harty, 272 111. 395 85, 87 

Glos vs. Hobane, 212 111. 222 87 

Glos vs. Holberg, 220 111. 167 83, 87, 92, 93 

Glos ads. Jackson, 243 111. 280 85 

Glos ads. Kenney, 258 111. 555 87 

Glos vs. Kingman, 207 111. 26 83, 84 

Glos ads. Loehde, 265 111. 401 84, 87 

Glos ads. McDonnel, 266 111. 504 89 

Glos ads. Mihalik, 247 111. 597 85, 115 

Glos ads. Miller, 271 111. 285 85 

Glos ads. Mundt, 246 111. 636 87, 93 

Glos vs. Murphy, 225 111. 58 92 

Glos ads. Schiessle, 271 111. 374 80 

Glos ads. Snow, 258 111. 275 106 

Glos ads. Stallings, 271 111. 201 80 

Glos ads. Strebel, 271 111. 65 85 

Glos ads. Teninga, 266 111. 121 57, 77, 84 

Glos ads. Teninga, Receiver, 266 111. 94 84, 89 

Glos ads. Tower, 256 111. 121 57, 77, 89, 92, 115 

Glos ads. Walthey, 270 111. 390 87 

Glos ads. Waugh, 246 111. 604 57, 77, 90, 114, 115 

Glos vs. Wheeler, 229 111. 272 93 

Glos ads. Wilson, 266 111. 504 87 

Glos ads. Woods, 257 111. 125 84 

Goetz vs. Glos, 266 111. 238 84 

Gold ads. Cape Lookout Co., 167 N. C. 63 57, 116 

Goodrich vs. Ferris, 214 U. S. 71 64 

Gorton vs. Tolman, 210 Mass. 402 79 

Gould vs. City of St. Paul, 110 Minn. 324 94 

Grant, B. A., ads. Glos, 229 111. 387 83, 91 

Griggs ads. Arndt, 134 U. S. 31 59 

ix 



PAGE 

Guilbert ads. State, 56 Ohio St. 575 82 

Habib vs. Evans, 222 Mass. 480 79 

Haggadorn ads. Brown, 119 Minn. 491 85, 93 

Hall ads. Waban, 219 Mass. 533 80 

Hammond vs. Glos, 250 111. 32 57,77 

Hardy ads. Crabbe, 135 N. Y. St. 119 116 

Hardy ads. Holden, 169 U. S. 366 61, 62 

Harts vs. Glos, 271 111. 376 85 

Harty vs. Glos, 272 111. 395 85, 87 

Haskell ads. Noble State Bk., 219 U. S. 104. . . 66 

Hay ads. Hunt, 214 N. Y. 578 88 

Hendricks vs. Hess, 112 Minn. 252 94 

Henry vs. White, 123 Minn. 182 108, 116 

Henry vs. White, 121 Minn. 527 108 

Hess ads. Hendricks, 112 Minn. 252 94 

Hobane ads. Glos, 220 111. 167 87 

Hoboken Land Co. ads. Murphy, 18 How. 272 61 

Hodgson vs. Vermont, 168 U. S. 261 61 

Holberg ads. Glos, 220 111. 167 83, 87, 92, 93 

Holden vs. Hardy, 169 U. S. 366 61, 62 

Hopkins ads. National Bond Co., 96 Minn. 119 57, 77, 87 

Humes ads. Missouri Pac. R. R. Co., 115 U. S. 512 60 

Hunt vs. Hay, 214 N. Y. 578 88 

Hurtado vs. California, 110 U. S. 16 61, 62 

Jackson vs. Glos, 243 111. 280 85 

Johnson ads. Owsley, 95 Minn. 168 85, 92, 94 

Judges ads. Tyler, 175 Mass. 71 57, 77, 80, 81, 89 

Judges ads. Tyler, 179 U. S. 405 : 77 

Kaspzyk ads. Tobias, 247 111. 80 93 

Keigher ads. Gates, 99 Minn. 138 94 

Kennard vs. Louisiana, 92 U. S. 480 61 

Kenney vs. Glos, 258 111. 555 87 

Kerrigan ads. Bobinson, 157 Cal. 50 57, 58, 76, 77 

Kimball ads. Dewey, 89 Minn. 454 > 87 

Kingman ads. Glos, 207 111. 26 . 83, 84 

Kronmuller ads. Dunbar, 198 Mass. 591 79 

Krutz vs. Dodge, 66 Wash. 178 57, 92 

Kuby vs. Ryder, 114 Minn. 217 92 

Lachman vs. Brookfield, 135 N. Y. St. 261 116 

Lewis vs. Chamberlain, 61 Or. 150 57 

Loehde vs. Glos, 265 111. 401 84, 87 

x 



PAGE 

Louisiana ads. Kennard, 92 U. S. 480 61 

Luce vs. Parsons, 192 Mass. 8 79 

Manufacturing Co. vs. Spruill, 169 N. C. 618 57, 116 

Martin ads. Baart, 99 Minn. 197 , ... 89, 107, 116 

Marvel vs. Cobb, 204 Mass. 117 79 

Maxwell vs. Dow, 176 U. S. 581 61 

McCormick vs. Sullivant, 10 Wheat. 202 59 

McDonnell vs. Glos, 266 111. 504 89 

McMahon vs. Bowley, 238 111. 31 57, 77, 84, 87 

McQuesten vs. Attorney-General, 187 Mass. 185 79 

McQuesten vs. Commonwealth, 198 Mass. 172 92 

Midway Co. vs. City of St. Paul, 128 Minn. 135 91 

Mihalik vs. Glos, 247 111. 597 85, 115 

Miller vs. Glos, 271 111. 285 85 

Minot vs. Cotting, 179 Mass. 325 95 

Missouri Pac. R. R. vs. Humes, 115 U. S. 512 60 

Mitchell vs. Cobb, 220 Mass. 60 80 

Mooney vs. Valentynovicz, 262 111. 355 89, 94 

Mundt vs. Glos, 246 111. 636 87, 93 

Murphy ads. Glos, 225 111. 58 , 92 

Murphy vs. Hoboken Land Co., 18 How. 272 61 

National Bond Co. vs. Alderson, 99 Minn. 137 84 

National Bond Co. vs. Hopkins, 96 Minn. 119 57, 77, 87 

Nebraska ads. Bolln, 176 U. S. 83 61 

Neff ads. Pennoyer, 95 U. S. 174 59 

New Jersey ads. Twining, 211 U. S. 78 63 

New Orleans ads. Beaureguard, 18 How. 497 59 

New Orleans ads. Davidson, 95 U. S. 97 60, 61 

New York ads. Paddell, 212 U. S. 466 65 

N. Y. &c. Ry. ads. Battelle, 212 Mass. 442 94 

Noble State Bk. vs. Haskell, 219 U. S. 104 66 

O'Loughlin vs. Covell, 222 111. 162 83, 85, 87 

Owsley vs. Johnson, 95 Minn. 168 85, 92, 94 

Paddell vs. New York, 211 U. S. 466 65 

Parsons ads. Luce, 192 Mass. 8 79 

Partenfelter vs. People, 211 N. Y. 355 116 

Pearson ads. Riley, 120 Minn. 210 57, 88, 108, 116 

Pennoyer vs. Neff, 95 U. S. 174 59 

People ads. Barkenthein, 212 N. Y. 36 57 

People vs. Chase, 165 111. 527 81 

People vs. Crissman, 41 Colo. 450 57, 76, 77. 78, 81, 91 

xi 



PAGE 

People ads. Partenfelter, 211 N. Y. 355 116 

People vs. Simon, 176 111. 165 57, 77, 80, 81, 89, 101, 115 

Peters vs. Dicus, 254 111. 379 94, 108 

Peters vs. Duluth, 119 Minn. 96 57, 77, 79, 92, 116 

Pioneer Co. ads. Yanish, 64 Minn. 175 78 

Reaves vs. Ainsworth, 219 U. S. 296 61 

Reed vs. Siddall, 94 Minn. 216 84, 109, 116 

Richards ads. Robinson, 209 Mass. 295 92 

Ries ads. State, 123 Minn. 397 94, 108 

Riley vs. Pearson, 120 Minn. 210 57, 88, 108, 116 

Robinson vs. Kerrigan, 151 Cal. 50 57, 58, 76, 77 

Robinson vs. Richards, 209 Mass. 295 92 

Rowley ads. McMahon, 238 111. 31 57, 77, 84, 87 

Ryder ads. Kuby, 114 Minn. 217 92 

Savannah ads. Walker, 92 U. S. 90 61 

Schiessle vs. Glos, 271 111. 374 80 

Seeger vs. Young, 127 Minn. 416 78, 92, 116 

Shevlin vs. Fogarty, 133 Minn. 456 54, 87, 106, 111 

Shirden ads. Duffy, 139 N. Y. App. Div. 755 57, 83, 85 

Siddall ads. Reed, 94 Minn. 216 84, 109, 116 

Simon vs. Craft, 182 U. S. 427 61 

Simon ads. People, 176 111. 165 57, 77, 80, 81, 89, 101, 115 

Smith ads. Arnold, 121 Minn. 116 108 

Snow vs. Glos, 258 111. 275 106 

Spitzer ads. Creger, 244 111. 208 85, 87 

Spruill ads. Mfg. Co., 169 N. C. 618 116 

Stallings vs. Glos, 271 111. 201 80 

State vs. Guilbert, 56 Ohio St. 575 82 

State vs. Ries, 123 Minn. 397 94, 108 

State vs. Westfall, 85 Minn. 437 57, 58, 77, 80, 81, 83, 116 

Strebel vs. Glos, 271 111. 65 85 

Sullivant ads. McCormick, 10 Wheat. 202 59 

Superior Land Co. ads. Brace, 65 Wash. 681 57, 109 

Suydam vs. Williamson, 24 How. 427 59 

Teninga vs. Glos, 266 111. 121 57, 77, 84 

Teninga, Receiver, vs. Glos, 266 111. 94 84, 89 

Texas ads. Caldwell, 137 U. S. 692 61 

Tinsley vs. Anderson, 171 U. S. 101 61 

Tobias vs. Kaspzyk, 247 111. 80 93 

Tolman ads. Gorton, 210 Mass. 402 79 

Tomczak vs. Bergman, 269 111. 330 85, 114 

xii 



PAGE 

Tower vs. Glos, 256 111. 121 ... . 57, 77, 89, 92, 115 

Twining vs. New Jersey, 211 U. S. 78 63 

Tyler vs. Judges, 175 Mass. 71 57, 77, 80, 81, 89 

Tyler vs. Judges, 179 U. S. 405 77 

United States vs. Fox, 94 U. S. 315 59 

Valentynovicz ads. Mooney, 262 111. 355 89, 94 

Van Ness vs. Boiney, 214 Mass. 340 79 

Vermont ads. Consolidated Co., 207 U. S. 451 64 

Vermont ads. Hodgson, 168 U. S. 261 61 

Waban vs. Hall, 218 Mass. 533 80 

Wagner ads. Doyle, 108 Minn. 443 109 

Walker vs. Savannah, 92 U. S. 90 61 

Wall, Ex parte, 107 U. S. 265 61 

Walther vs. Glos, 220 111. 390 87 

Waters ads. Culver, 248 111. 163 84, 115 

Waugh vs. Glos, 246 111. 604 57, 77, 90, 114, 115 

Weeks vs. Brooks, 205 Mass. 458 79 

Welsh vs. Briggs, 204 Mass. 540 87 

Westfall ads. State, 85 Minn. 437 57, 58, 77, 80, 81, 83, 116 

Wheeler ads. Glos, 229 111. 272 93 

White ads. Henry, 123 Minn. 182 108, 116 

White ads. Henry, 121 Minn. 527 108 

Wiggin ads. Bigelow, 209 Mass. 542 79 

Williamson ads. Suydam, 24 How. 427 59 

Wilson vs. Glos, 266 111. 504 87 

Woburn ads. First Nat. Bk., 192 Mass. 220 95 

Woods vs. Glos, 257 111. 125 84 

Yanish vs. Pioneer Co., 64 Minn. 175 78 

Young ads. Seeger, 127 Minn. 416 78, 92, 116 

Yount ads. Christian Union, 101 U. S. 352 59 

Zeiss ads. Amer. Land Co., 219 U. S. 47 77 



FOREWORD 



It has always seemed to the author that members of the 
bar owed certain duties to the Commonwealth and to their 
profession as well as to themselves and their families, and 
being imbued with this impression he had long desired, if 
possible, to pay at least a portion of this debt, for himself, 
to society. And having had his attention directed to the 
need for a healthy growth in the land laws, he became 
persuaded that the greatest service he could render the 
State would be in procuring a statute for the adoption of 
the principles of the Torrens system into the body of our 
law. This conviction grew so strong that it has impelled 
him to devote a large part of his time during the last 
seventeen years to the accomplishment of this purpose. 
Through much that would have led to the abandonment of 
any low aim, he has held to his task with the conviction 
that some day his efforts would bear fruit. And now that 
the act for which he has labored has been written among 
the statutes of Virginia, he feels a definite sort of respon- 
sibility for its successful operation. He is confident that 
it will be freely used by the people as soon as they under- 
stand its beneficent features, but he realizes that the op- 
position with which he has had to contend will not will- 
ingly yield. Some will continue to do all they can to 
discredit the act, and will take pains to place every possible 



obstruction in its path. But the public will not be slow to 
discover that there is "a reason" for such opposition, not 
based upon the public good nor designed for the public 
benefit. And the public will look to the worthy members 
of the bar, who always reflect honor upon their profession, 
to aid in the general use and inauguration of the Torrens 
system for the correction of hoary abuses and the relief of 
all who deal in lands from unnecessary burdens. 

This monograph has been hurriedly prepared in an ef- 
fort to popularize the Uniform Land Registration Act in 
Virginia. The author is keenly sensible of the many im- 
perfections of his work, and hopes he may be able at some 
future time to make reparation by the production of a 
fuller and more serious treatise. For the present he must 
content himself with this little manual which he submits 
to the indulgent criticism of his brethren and the public. 

To his friend, Hon. Richard Evelyn Byrd, sometime 
Speaker of the House of Delegates of Virginia and now 
United States District Attorney for the Western District 
of Virginia, a gentleman who for his conspicuous services 
to the Commonwealth deserves the highest honor in her 
gift, and who both in and out of the Legislature has done 
much for the accomplishment of the author's hopes for the 
betterment of our land laws, he makes grateful acknowl- 
edgment. 

The press of the State has been a powerful factor in the 
education of the public to the advantages of the Torrens 
system, and without its aid the Legislature could not have 
been brought to the enactment of the uniform statute. 
The author has been particularly indebted to the press of 



xvi 



Eichmond for unfailing support in all his efforts. The 
Southern Planter has voiced the demands of the farmers 
for the statute, and among the number of public-spirited 
men who have done special work in the cause, mention 
should be made of Hon. Westmoreland Davis. Of the 
Eichmond bar, Mr. George Bryan has always been a 
staunch and persuasive advocate. Among the bankers, 
Mr. Oliver J. Sands, Mr. Henry E. Litchford and Mr. 
James E. Tyler, Jr., have rendered effective services. 
Among the real estate men, Mr. John C. Easley has been 
a leader; and a host of others whose names cannot here be 
mentioned also deserve high credit for assistance unself- 
ishly given upon many occasions. 

Hon. Charles Thornton Davis, Chief Judge of the Land 
Court of Massachusetts, whose able administration of the 
Massachusetts Torrens Act furnishes an ideal model for 
all the States, has responded to every call made upon his 
experience in the most helpful manner, and the author is 
indebted to him for much constructive advice and guid- 
ance. 

EUGENE C. MASSIE. 
Richmond, Va., September 8, 1916. 



xvn 



The Uniform Land Regis- 
tration Act. 

CHAPTEE I. 

Historical Statement. 

1. The "Land Question" has always been one of the 
highest importance to the happiness and prosperity of the 
human race. It may be said, in all reverence, to have 
originated with the eviction of Adam and Eve from the 
Garden of Eden; for since that day there has been a 
struggle among men and nations for the possession of the 
earth, and the soil has been held upon claim of title 
originally based upon might and only very gradually regu- 
lated by law. There are many who to this day deny that it 
has ever been regulated by right. 

LAND LAWS. 

2. No department of law has had such slow development 
among the Anglo-Saxons as the laws governing real estate. 
At times they have seemed as immutable as "the everlast- 
ing hills" with which they deal. A history of the growth 
of English land law would be an intimate account of the 
gradual growth of the great unwritten English Constitu- 
tion. Every advance towards liberality and enlightenment 
has been marked by the pangs of a new birth, and no real 
progress has ever been made, except after a life and death 
struggle. As an illustration we need only mention the pro- 
longed and painful battles to uproot the Feudal System, 
continued throughout the centuries. 



2 The Torrens System 

SIB BOBEBT BICHABD TOBBENS. 

3. Passing over the labors of others, the man who has 
done most for his race in these endeavors was Sir Kobert 
Eichard Torrens, an Irishman born at Cork in 1814. In 
1840 he emigrated to South Australia, and became Col- 
lector of Customs at Adelaide in 1841. In January, 1852, 
he was appointed Colonial Treasurer and Eegistrar Gen- 
eral; and when the Colonial Government was established 
in 1857, he represented the city of Adelaide in the House 
of Assembly, and became the first Premier of South Aus- 
tralia. His duties as Collector of Customs having made 
him familiar with the shipping laws, about the year 1850 
he conceived the idea of applying their principles to the 
registration of title to land. He was not a lawyer, and 
labored for eight years to get his system adopted. Finally 
on January 27, 1858, what had grown to be known as the 
"Torrens Act" became the law of South Australia. From 
there, in one form or another, it has spread all over the 
English speaking world. 

THE TOBBENS SYSTEM. 

4. The purpose of the Torrens System is to make trans- 
actions in land as easy, quick and cheap as transactions 
with personal property; and to make titles to lands as 
certain and discernible and as readily transferable as title 
to personal property. This will work a revolution iu all 
the methods of dealings with land, and the Torrens Sys- 
tem has therefore been bitterly fought wherever it has been 
proposed. Virginia has furnished no exception to this 
rule. The matter was first brought before the Virginia 
State Bar Association by the author in 1899. In 1901 a 
Joint Resolution of the General Assembly was procured 
for the appointment of a commission to draft a bill for 
future consideration. Meantime the last Constitutional 



Historical Statement 3 

Convention assembled in the city of Kichmond and, at the 
instance of the author, the following provision was em- 
bodied in the present Constitution of Virginia : 

Section 100. The General Assembly shall have power 
to establish such court or courts of land registration as it 
may deem proper for the administration of any law it may 
adopt for the purpose of the settlement, registration, trans- 
fer, or assurance of titles to land in the State or any part 
thereof. 

In January, 1903, the first bill drawn by the author, who 
had been made Chairman of the Legislative Commission 
mentioned above, was introduced in the legislature by 
Senator W. B. Mcllwaine, of Petersburg. 

THE AMERICAN BAR ASSOCIATION. 

5. In August, 1903, the American Bar Association met 
at the Hot Springs of Virginia immediately succeeding the 
meeting of the Virginia State Bar Association. The Vir- 
ginia Torrens Bill was under discussion in the Virginia 
Association, and one of the fruits of that discussion was 
the appointment of a committee by the Conference of Com- 
missioners on Uniform State Laws to report upon the 
feasibility of drafting a Uniform Act on the subject. The 
matter was discussed by commissioners from year to year, 
until in 1912 the draughtsman of the Virginia Bill was 
made Chairman of the Torrens Committee of the Confer- 
ence. In the meantime the original Virginia Bill had been 
pending in every legislature of Virginia since 1903, and 
had been subjected to the criticism not only of lawyers in 
Virginia, but of lawyers and publicists throughout the 
United States; and in passing through these fires it was 
being purged and refined. It was used as the basis of the 
First Tentative Draft for the Uniform Land Registration 
Act presented to the National Conference of Commis- 



4 The Torrens System 

sioners on Uniform State Laws at their Twenty-third An- 
nual Conference held at Montreal in August, 1913. A 
Second Tentative Draft was presented to the Conference 
at its Twenty-fourth Annual Meeting held in the city of 
Washington in October, 1914. And in August, 1915, the 
Third Tentative Draft was presented in the Conference in 
its Twenty-fifth Annual Meeting held at Salt Lake City, 
having been brought up to the standard of form recom- 
mended by the Committee on Drafting of Legislation of 
the American Bar Association, through the skillful and 
devoted labors of Dean John H. Wigmore, of the North- 
western Law School of Chicago, who had long been a mem- 
ber of the Conference Land Registration Committee. 
Other members of the committee rendered valuable ser- 
vice, and finally their labors were rewarded by the adoption 
of said Third Tentative Draft with certain amendments, 
after a prolonged and thorough discussion. It was this 
Act, known as the Uniform Land Registration Act, drawn 
by a Virginian, after a study of all the land registration 
acts in the United States as well as the original Torrens 
Acts of Australia, which was presented to the Virginia 
legislature of 1916 and which has now become a part of our 
laws. (Acts 1916, c. 62, p. 70). 

THE UNIFORM LAND REGISTRATION ACT. 

6. The Uniform Land Registration Act is an adaptation 
of the Torrens System to the Constitution and laws of the 
United States. The Torrens System was original with Sir 
Robert, but in the brief of Attorney-General Knowlton in 
the suit of Tyler v. Judges, 175 Mass. 71, it is stated: 

"Registers of ownership have existed from time im- 
memorial in Bohemia. In Vienna, registers of 1368 are 
still preserved; in Prague, of 1377; in Munich, of 1440. 
In the Rhine provinces the present system of registering 
titles was introduced comparatively recently. 



Historical Statement 5 

"Registration of title was made universal in Austria 
in 1811 ; it was adopted in Saxony in 1843 ; in Hungary 
in 1849- , 56, and in Prussia in 1872." 

TORRENS ACTS IN THE UNITED STATES. 

7. In the United States we now have the following acts 
based upon the Torrens System : 

(1) In Illinois in 1897 (Laws 1897, pp. 165, 207-212; 

Laws 1903, pp. 121-123). 

(2) In California in 1897 (Statutes 1897, c. 110, pp. 

138-167; General Laws, pp. 1219-1257; Stat- 
utes 1915, pp. 1932-1951). 

(3) In Massachusetts in 1898 (Acts 1898, pp. 682-722; 

Revised Laws 1911, c. 128). 

(4) Minnesota in 1901 (General Laws, pp. 348-378). 

(5) In Oregon in 1901 (General Laws, 1901, pp. 438,- 

467). 

(6) In Colorado in 1903 (Laws 1903, pp. 311-352; 

Rev. Stats. 1908, pp. 334-355). 
\ (7) In Washington in 1907 (Session Laws 1907, pp. 
693-738). 

(8) In New York in 1908, pp. 1247-1283; Consoli- 

dated Laws 1909, pp. 3459-3496; Laws 1910, 
c. 627; Laws 1916 c. — .) 

(9) In North Carolina in 1913 (Acts 1913, pp. 147,-. 

159). 

(10) In Mississippi in 1913 (Laws 1913, pp. 159-173). 

(11) In Ohio in 1913 (Laws 1913, pp. 914-960). 

(12) In Nebraska in 1915 (Laws 1915, pp. 494-526). 

(13) In Virginia in 1916 (Acts 1916, c. 62, p. 70). 

(14) In South Carolina (Acts 1916). 

To these may be added the following possessions of the 
United States: 



6 The Torrens System 

(1) Hawaii (Laws 1903, pp. 273-328). 

(2) Philippine Islands (Compilation Laws 1908, pp. 

777-820). 

It is also interesting to note that an act has twice been 
passed by the legislature of Utah, once in 1907 and again 
in 1915 ; but upon both occasions it has been vetoed by the 
governor; in the first instance, because an entire line in a 
vital part of the act was omitted in its engrossment, and 
from other considerations in the last instance. 



CHAPTEE II. 



Practical Points. 

1. The Uniform Land Eegistration Act went into 
effect in Virginia on June 19, 1916, but operations under 
it were delayed until after the promulgation of rules of 
court and forms of procedure by the Supreme Court of 
Appeals under Section 10 of the Act. 1 

APPLICATION OF THE ACT. 

2. The Act was made immediately applicable by the 
legislature to forty-two counties and five cities, as follows : 



Counties. 



Albemarle 

Appomattox 

Bedford 

Botetourt 

Brunswick 

Buckingham 

Campbell 

Charles City 

Charlotte 

Chesterfield 

Cumberland 

Dinwiddie 

Fairfax 

Fluvanna 

Goochland 

Greensville 

Halifax 

Hanover 

Henrico 

James City 

King William 



Louisa 

Lunenburg 

Mathews 

Mecklenburg 

Middlesex 

New Kent 

Orange 

Powhatan 

Prince Edward 

Prince George 

Princess Anne 

Prince William 

Rappahannock 

Roanoke 

Southampton 

Spotsylvania 

Stafford 

Surry 

Sussex 

Warwick 

York 



1 Complete sets of forms and all necessary books required by 
registrars, specially ruled and made for registration purposes, 
can be obtained from Everett Waddey Company, Inc., Publishers 
and Printers, Richmond, Va. 

7 



8 The Torrens System 

Cities. 
Fredericksburg Kichmond 

Petersburg Williamsburg 

Portsmouth 
It may be made applicable to any other county or city 
in Virginia when "so determined by the votes of a 
majority of those voting for or against the adoption thereof 
at any general or special election to be held in such city or 
county, after notice thereof shall have been duly posted for 
at least thirty days at each voting precinct in such city or 
county by order of the judge of the corporation court of 
such city or the circuit court of such county upon the peti- 
tion of one hundred freeholders residing in such city or 
one-sixth of the qualified voters residing in such county, 
the question to be submitted by ballots upon which the 
words "For Land Kegistration" and "Against Land Kegis- 
tration" shall be printed, and one or the- other of said ex- 
pressions being stricken out as the voter may favor or 
oppose the act. But no such election shall be held oftener 
than once in two years." (Acts 1916, c. 62, sec. 89). 
NOT COMPULSORY. 

3. The Act is not compulsory upon anyone, but every 
individual is left perfectly free to determine whether or not 
he will bring his land under it. (Acts 1916, c. 62, sec. 
89a). 

A NEW METHOD OF CLEARING TITLE. 

4. The Act affords a new method of clearing up a title. 
It gives the quickest, the surest and the cheapest way of 
removing clouds from titles. You can straighten out a 
title under it which you might never be able to perfect 
under the old laws. 

GUARANTEED TITLE. 

5. The Act gives you a new method of having your title 
absolutely guaranteed, with a guaranty which practically 



Practical Points 9 

has the State behind it and will last as long as law shall 
last. And this will be true even though the Act itself 
should be repealed. (Acts 1916, c. 62, § 76). 

NEW METHOD OF DEALING WITH LANDS. 

6. The Act gives you a new method of dealing with your 
land, and will enable you to pass title quickly, certainly, 
and cheaply. You will not have to pay a lawyer to 
examine your title every time you wish to borrow on it, 
nor will any purchaser from you have to pay a lawyer to 
examine the title for him. When your land is registered, 
the court will give you an Owner's Duplicate Certificate of 
Title which can be used as collateral, or transferred, pretty 
much like a registered stock or bond. 

TAXES KEPT STRAIGHT. 

7. The Act will keep all taxes straight on registered 
land. All taxes are ascertained and settled when the land 
is registered, and any delinquent taxes thereafter are regis- 
tered on your certificate. 

NO FORFEITURE. 

8. The Act will prevent your land from being forfeited 
for delinquent taxes without your knowledge. This fre- 
quently occurs under the old land laws, but there will 
never be any forfeiture under the Uniform Land Eegistra- 
tion Act. It will tend to put the land-grabber out of 
business. 

A BUSINESS PROPOSITION. 

9. The Act is made for business men and will be used 
for business purposes. No one will have his land regis- 
tered unless he thinks it will pay him to do so. But, men 
will soon find that it does pay to have land that can be 
readily used in business. Torrens titles will be preferred 
by all banks for loans, and may be required for loans under 
the Federal Farm Loan Act. 



10 The Torrens System 

SHORT LOANS AND SMALL LOANS. 

10. The Act will enable you to get short loans and small 
loans on your land, just as may be needed, without paying 
a heavy brokerage for an unnecessarily long or large loan. 

FREEDOM. 

11. In other words, the Act will enable you to deal with 
your real estate almost as cheaply and quickly and freely as 
if it were personal property. 

FRAUD PREVENTED. 

12. The Act gives additional securities against fraud in 
transactions with land. 



CHAPTER III. 
What Will Registration Cost ? 

1. Some persons have been trying to persuade the 
people that it will bankrupt the State and all of its citizens 
to register all the titles to lands in Virginia. They sneer, 
or smile very significantly, and predict the failure of the 
Act in the most confident manner. When you meet such a 
person, ask yourself in the first place whether he has any 
interest in the failure of the Act? And then ask him 
whether he can cite a single instance in which any State or 
country has ever given up its Torrens Act after having 
adopted it ? And then ask him whether he can cite a single 
State which has adopted it in which it is not growing 
steadily in favor and use? If he sticks to the facts, you 
will have him impaled, for he will be compelled to answer 
No to both these questions. And then you can reflect how 
often it is true that the wish is father to the thought. It 
is true that there are some very poor acts in some of our 
States. They were made so on purpose by enemies of the 
Torrens System, who have sowed all the tares they could. 
And you can readily understand that operations under an 
act may be obstructed by "jokers" and burdensome provi- 
sions. But we have a good act in Virginia, and in due 
time it will bring forth good fruit. 

A PERMANENT IMPROVEMENT. 

2. It is quite natural that everyone should ask, What 
will it cost me to have my title registered? And it must 
be frankly admitted that this question cannot be precisely 
answered at this time. Until the matter has been tested 
and proved by actual experience in a number of registra- 
tion cases in Virginia, any answer will be little better than 
a guess. This, however, can be affirmed in general terms : 

11 



12 The Torrens System 

It will not cost much more than several examinations of 
title will cost you if you do not have your title regis- 
tered. Suppose you ask yourself this question: Do 
I thoroughly understand what the registration of my 
title will mean to me? The answer is, It will mean a 
'permanent improvement to your property. And it is the 
only genuine permanent improvement that can be made to 
land. You have been in the habit of thinking of buildings 
and fences as permanent improvements. But what are the 
facts? Is there anything permanent about the most 
modern, substantial and fireproof building you have ever 
seen? How long will it stand before the carpenter, the 
bricklayer, the stone mason, the tinner, the slater, the 
painter, the plumber, the decorator, the plasterer, the paper- 
hanger, the tile layer, the electrician, the machinist, and 
perchance, the architect must be called in for repairs? 
When you erect such a building the only thing you have 
permanently done has been to increase your taxes. Some 
men boast of the improvement of the soil as a permanent 
improvement. But how long will the richest soil remain 
in good condition unless constantly kept up to a high state 
of fertility ? The richer it is the ranker will be the growth 
of weeds unless properly cultivated. And how soon it will 
be exhausted by the roguish or indifferent husbandman! 
When you come to think of it calmly, there is but one 
permanent improvement that can be made to land, and 
that is, the registration of its title under the Torrens 
System. You must be willing to pay for this permanent 
improvement in proportion to its value. Compare its cost 
with the cost of a yard fence, a respectable chicken-house, a 
corn crib, a stable, or a garage. 

COSTS INCURRED ONLY ONCE. 

3. If your title is good it will not cost you much more to 
register it than to have it examined once or twice. If it is 



What Will Registration Cost? 13 

not good, if clouds must be cleared, or if it is like a tangled 
skein, the extra costs should be charged not to the Torrens 
System but to the old system under which it got into that 
condition. And remember, that the cost of initial registra- 
tion, even though it should seem high, will never be in- 
curred but once. After that all subsequent costs in dealing 
with your land will be almost nominal, and you will have a 
commercial article fit for use in all the avenues of trade and 
business. 

IT WILL PAY YOU. 

4. It will pay you to have your title registered : 

( 1 ) If you wish to be certain of a home no one can take 

from you or your wife and children. 

(2) If you wish to use your land as a business asset. 

(3) If you wish to sell your land at the best price. 

(4) If you wish to keep your title secure from the land- 
grabber. 

(5) If you wish to make a genuine permanent improve- 

ment to your property. 



CHAPTER IV. 

The Record System and the Registry System. 

1. It has long been admitted by thoughtful students 
and evident to all who have had any dealings in real estate 
that reform in our land laws was badly needed. The only 
questions have been, how should it be made and to what ex- 
tent should it go? Could satisfactory results be obtained 
by amending the existing law? Or must a new system be 
adopted? No answer to these inquiries could be given 
without a consideration of the difference between what may 
be termed the "record system" and that which is properly 
termed the "registry system." 

THE RECORD SYSTEM. 

2. The first legislative assembly on American soil met in 
the old Colonial Church at Jamestown, Virginia, in June, 
1619, when Sir George Yeardley was governor, — more 
than a year and a half before the Pilgrim Fathers landed 
in the Mayflower at Plymouth Rock, Massachusetts. It 
was composed of twenty-two burgesses and sat for five 
days. It was during this brief but memorable session that 
the House of Burgesses petitioned the London Company 
that every man might own the land he cultivated. And in 
January, 1639- ? 40, the Grand Assembly of Virginia passed 
the following law : 

Act xvi. 

A deed or mortgage made without delivery of possessions 
to be adjudged fraudulent unless entered in some court. 
(1 Hen. Stats, at Large, 227). 

This was the beginning of the Record System in 
America, which Virginia enjoys the honor of having in- 
augurated. 

14 



The Record and Registry Systems 15 

The Record System requires evidences of title to be re- 
corded where the land lies, and makes such record notice to 
third parties. It deals only with evidences of title, and 
record is constructive notice. But many incidents that 
affect title are not required to be recorded. Thus there is 
no record of the heirs of decedents, and none of adverse 
possession. Title may also arise by decree of court unre- 
corded in the deed books; by unrecorded marriage; and 
by unrecorded will or deed subsequently recorded within 
the periods allowed for recordation thereof. There are 
also those mysterious creatures known as equitable titles, 
which may arise in many ways, and whose birth and exist- 
ence may not be shown by recordation. It is therefore im- 
possible to get full information from the public records, 
and they are to this extent in the nature of a snare. With- 
out looking any further it is apparent that two inherent de- 
fects lie at the root of the record system: 

First. It deals simply with evidences of title. 

Second. It does not require all evidence of title to be 
recorded. 

The results are endless searches of all the records every 
time any transaction is desired, and lack of certainty after 
the search is made. The search involves the work of an ex- 
pert who must assume grave responsibilities. He requires 
time for his labor and must be paid in proportion to the 
nature of the service rendered and the assurance given. The 
transfer of title to real estate is, therefore, slow, cumbrous, 
expensive, and uncertain. Hence such property is ren- 
dered undesirable for general investment, unavailable as a 
source of credit with banks, and wholly unsuited to the 
commercial demands of the twentieth century. This natu- 
rally restricts its market and inevitably depresses its value. 
Thus every individual owner is injured, business is fre- 



16 The Torrens System 

quently cramped where it might otherwise be expanded, 
and the Commonwealth suffers in the comparatively small 
returns from taxes. 

THE REGISTRY SYSTEM. 

3. The distinction of the Torrens System is that it regis- 
ters title, instead of mere evidences of title. Thus it deals 
with the thing itself, and every transfer is a transfer of 
actual title. Therefore, there is no need of looking back- 
ward, but every step is forward and taken with certainty, 
celerity, and cheapness. No expert is required to ascertain 
or explain conditions under ordinary circumstances, and if 
there be any extraordinary circumstances plain warning is 
given on the face of the certificate of title. Everything is 
there put down in a clear and concise manner, and nothing 
can affect the title except what is so registered. Laymen 
and business men are thus enabled to deal with real estate 
with a freedom similar to that with which they now deal 
with registered certificates of stock and bonds. Thus 
capital is no longer buried when invested in real estate, and 
many a man who is now unable to buy a home because he 
cannot withdraw from his business the sum required for 
such a purchase will be enabled to provide a home for his 
wife and children; for registered real estate will become a 
well-recognized and desirable source of credit. Many a 
man will also be saved from, bankruptcy and enabled to 
preserve a home for his family in times of financial stress 
by the credit derived from his real estate. Also men of 
small means whose fortunes are practically all invested in 
their homes, will be able to secure small loans and short 
loans, — so often necessary for the relief of present distress. 
Such a thing is now out of the question. How many loans 
are now made on real estate for three months, six months, 
nine months, or even a year? How many loans are now 



The Record and Registry Systems 17 

made on real estate for $100.00, or $200.00, $500.00? 
Such transactions are unheard of under our existing laws, 
on account of expense, delay, and uncertainties. But they 
are frequent in countries where the Torrens System pre- 
vails. Is it fair to place the poor man in this condition? 
Is it not really depriving him of his property to the extent 
that he is deprived of its free use? It doesn't make so 
much difference to the man of wealth, because only a small 
or infinitesimal part of his fortune is invested in his home. 
But the man of small means, that lowly individual who 
helps to constitute the vast majority of our citizens, may 
have all his possessions tied up in his humble cottage. The 
old land laws therefore bear with peculiar hardship upon 
the great majority of our people, and the good old Demo- 
cratic doctrine of "the greatest good to the greatest 
number" inclined the legislature to favor the Torrens 
System. 



CHAPTEE V. 

How the ToEEEisrs System Affects Fakmers. 

1. The chief asset of people in the country consists 
of land. It ought to be a valuable asset and one that could 
be readily dealt with at the command of the owner. If you 
own a farm, it is yours and you ought to be able to do with 
it what you please. In the first place you should be certain 
that you have a good title to your land ; second, you should 
be able to show your title at an}' moment without being put 
to any expense in the matter; and third, you should be 
able to produce this evidence in such form as to convince 
the inquirer that your title is good, without his being put 
to any expense in the matter. 

WHAT THE STATE OWES YOU. 

2. The State requires you to pay taxes on your land every 
year at a valuation fixed by her officers for that purpose. 
If you fail to pay these taxes promptly, a penalty of 5 per 
cent, is added and interest also runs on the debt. Further- 
more, the State will levy on your personal property for 
satisfaction of her taxes; and if you continue delinquent, 
she will sell your land and deprive you of your title. We 
will consider hereafter the unjust and cruel provisions of 
our present tax laws and the oppressive results of tax 
sales ; at present it is enough to note the fact that the State 
undertakes to deprive you of all your title to lands that may 
be fairly worth thousands of dollars, and to confer this 
valuable property upon another in consideration of delin- 
quent taxes of any amount whatsoever — it matters not how 
trifling the sum may be. Moreover, if the State herself, or 
any city, town, Or county wants your land; or if any rail- 
road company, telegraph company, telephone company, or 

18 



How it Affects Farmers 19 

any other company for internal improvement wants your 
land ; or even if anyone who wishes to establish a mill and 
build a dam, wants your land — the State can take it away 
from you and compel you to sell for such price as may be 
determined in summary proceedings for condemnation. 
And this she can do whether you want to sell or not. Now 
what does all this mean? It means that the State regards 
herself as the ultimate owner of all the lands within her 
borders; and if you trace your title back to its original 
source you will find that it is based upon a patent or grant 
from the government. In other words, the State has al- 
ways claimed to be the sovereign owner of her lands, but 
has undertaken to confer title thereto upon certain of her 
citizens subject to what she terms her right of eminent do- 
main. This title conferred upon her citizens has never 
been a free gift, but has always been in return for what the 
State regarded as a fair and valuable consideration — usually 
in money, but some times in blood and services for her de- 
velopment and defense. In this way our worthy citizens 
have been induced to devote their lives, their energies, and 
their substance to the upbuilding of the State. They have 
repaid in taxes many times over the value of the lands 
granted by the State, and they have made the State what 
she is. 

WHAT THE STATE SHOULD HAVE DONE. 

3. Therefore they had the right to expect and demand 
that their titles should be safe-guarded and guaranteed by 
the State; that she should pass such laws as would enable 
them to enjoy their possessions in security; that she 
should pass such laws as would enable them to deal with 
their property freely; that she should pass such laws as 
would relieve them from all unnecessary expenses in trans- 
ferring title; that she should pass such laws as would put 



20 The Torrens System 

an end to any unjust forfeiture of any man's land; and 
that she should pass such laws as would operate as a 
guaranty of all titles to lands that might be brought under 
the law for that purpose. 

WHAT THE STATE HAS NOT DONE. 

4. It is clear that the State should have done these 
things. It is equally clear that she has never until recently 
undertaken to do any one of them. Land titles have never 
heretofore been safe-guarded and guaranteed by the State. 
She has frequently granted the same land to different 
parties and accepted taxes from both. Did you ever hear 
of any such taxes being returned ? Owners have never been 
enabled to enjoy their lands with anything like perfect 
security, because our laws have never afforded any means 
of establishing absolute title against all the world. The 
State has simply allowed owners to record evidences of 
their title, and has never, until the Uniform Land Eegis- 
tration Act was adopted, permitted them to register the 
title itself. The cumbrous methods, the delay, the costs of 
transferring title to lands, are notorious. Compare these 
difficulties with the ease, the quickness, the cheapness, by 
which the title to personal property of all sorts may be 
transferred, and you will realize how your freedom has 
been curtailed in the enjoyment of real estate. And when 
you come to the question of taxes, you will doubtless have 
no difficulty in recalling cases in which the lands of your 
neighbors or friends have been practically forfeited for a 
paltry sum of delinquent taxes of which they may have had 
no knowledge. 

WHAT THE LEGISLATURE OF 1916 HAS DONE. 

5. The legislature of 1916 undertook to correct these 
evils. Fortunately they did not have to make any wild 
experiment. The subject had all been threshed out and the 



How it Affects Farmers 21 

problem had already been solved by the great mass of 
English-speaking peoples. THE TORRENS SYSTEM 
OF LAND REGISTRATION HAD BEEN FOUND TO 
BE AN EFFECTIVE MEASURE FOR THE RELIEF 
OF THE PEOPLE. Its principles had been tested in 
twelve of the United States, and the Uniform Land Regis- 
tration Act, drawn by a Virginian, had been recommended 
by the National Conference of Commissioners on Uniform 
Laws. At the urgent demand of the people, and particu- 
larly of the farmers, the legislature of 1916 distinguished 
itself by adopting this law. (Acts 1916, c. 62, p. 70). 

WHAT IT WILL DO FOR THE FARMER. 

6. The Torrens System will enable the farmer to utilize 
his property fully and freely. There are many occasions 
when people in the country need ready money for business 
purposes or family necessities. Sometimes they wish to sell, 
but oftener they find it advisable to borrow. A Certifi- 
cate of Title under the Torrens System will be a great 
advantage in either event. Sales will be easier, because the 
purchaser can tell from the certificate exactly how the title 
stands and will know that he is not buying a law suit; 
because the whole transaction can be speedily and certainly 
closed; and because no examination of title will be neces- 
sary and the costs of the transfer will be small. Loans will 
be easier, because the borrower can use his certificate as 
security and will not have to be running around to find 
some friend who will be kind enough to endorse for him; 
and because the banks will be glad to get certificates as col- 
lateral security. If the names of people in the country who 
have been ruined by endorsing or going security for friends 
could be collected in a modern Doomsday Book, the record 
would be appalling. The Torrens System will go far to- 
wards cutting up this evil by the roots. When you come to 



22 The Torrens System 

think about it, why shouldn't the man in the country be 
able to use his property as freely and get as much out of it 
as the man in the city does out of his property? The city 
man buys stocks and bonds, and they are a source of ready 
credit to him. The country man has the best and most solid 
form of property — something that has an intrinsic value 
and is besides productive of many values — that which is in- 
deed, the foundation of all values. This Torrens System 
will enable him to enjoy and use this property as he has 
the right to do. The removal of restrictions, costs, and dis- 
criminations will encourage dealings in lands, and capital 
will seek this form of investment more freely. The market 
value of lands will improve when all questions of title are 
removed, and when transactions can be had without risk, 
cheaply, and speedily. The Torrens System will also pre- 
vent the forfeiture of any man's land for delinquent taxes. 
No sale can be made without full notice, under the Uniform 
Land Eegistration Act. Final sale must be made on the 
premises after due advertisement, as foreclosure under a 
deed of trust; and absolute title will be passed to the pur- 
chaser. The property will thus bring its full market value, 
and the proceeds will be equitably distributed so that the 
former owner will not be robbed, but will get whatever may 
be due him out of the proceeds. 

THE FEDERAL FARM LOAN ACT. 

7. One of the conspicuous achievements of the adminis- 
tration of President Woodrow Wilson, a Virginian who has 
safely guided the country through the most disastrous 
period the world has ever known, has been The Federal 
Farm Loan Act which became a law by his signature on 
July 17, 1916. This act is the fruit of long study by one 
or more Federal Commissions on Rural Credits. Senate 
Document No. 380 of the Sixty-third Congress, Second 



How it Affects Farmers 23 

Session, 1914, giving the report of one of these commis- 
sions contains these significant words : 

"Every student of the subject must conclude that the 
States should adopt some system of State guaranty of title, 
as, for instance, the Torrens System. It is against the best 
interest of the general public to have possible legal disputes 
over the ownership of land. * * * Some Ameri- 
can States have taken the first step, and the United States 
Government has recognized the principle by prescribing 
the Torrens System for the Philippine Islands." (p. 18). 

And in the report of the Committee on Banking and 
Currency, concerning Eural Credits, to the Sixty-fourth 
Congress, First Session, on February 15, 1916, we find this 
paragraph : 

"It is well understood that the laws in the several States 
vary as to land titles, registry, exemptions, homestead 
rights, foreclosure, and equities of redemption. It is there- 
fore made the duty of the farm loan board to investigate 
these questions in each State and to declare mortgages 
ineligible as security for farm loan bonds in those States 
where the laws do not give adequate protection to those 
loaning on first mortgage. Very few, if any, States will fall 
within this rule, and they will doubtless amend their laws 
promptly in order to bring the benefits of the farm loan 
system within reach of their citizens." (Senate Calendar 
No. 135, Eeport No. 144, pp. 12-13.) 

In other words, the States are put on notice that they 
must adopt the Torrens System if they wish to "bring the 
benefits of the farm loan system within reach of their 
citizens." We may, therefore, congratulate ourselves that 
Virginia has been the first State to adopt the Uniform 
Land Eegistration Act. For it is made the duty of the 
Farm Loan Commissioner by section 30 of the Federal 
Farm Loan Act to examine the land laws of the States to 
see if they are suitable for operation under this act; and 



24 The Torrens System 

the Federal Farm Loan Board is given the power to declare 
lands ineligible for loans until the State laws shall be made 
suitable. Thus Virginia will have a distinct advantage 
over other States which have not adopted the Torrens Sys- 
tem; and if any farmer wishes to take advantage of the 
Federal Farm Loan Act he should have his land registered 
as soon as possible under the Uniform Land Registration 
Act. 



CHAPTEK VI. 

HOW THE ToRRENS SYSTEM AFFECTS BUSINESS MEN. 

1. We will now consider how the Torrens System will 
affect business men, and our view will extend to those in 
the country as well as to those in the towns and cities. 

THE HOMES OF BUSINESS MEN. 

2. In the first place every business man wants a home. 
You not only want a home, but you want a home of your 
own. That early English authority, Sir Edward Coke, 
great as a lawyer and renowned as a judge, announced this 
grand sentiment: "For a man's house is his castle;" and 
to this he added some Latin words, "et domus sua cuique 
tutissima refugium/' meaning "and for everyone his home 
is a place of safest refuge" — sentiments cherished by the 
people and honored by the law since the sixteenth century. 
You have the right, therefore, to be certain that the title to 
your home is good. This at least you should demand of the 
law. And you may further demand that the law shall 
not place any unnecessary obstructions in the way of 
your acquiring a home. Our old land laws not only fail 
to give any assurance of title, but erect many unnecessary 
obstacles in the path of the home-seeker by the antiquated, 
complicated, slow, uncertain, and costly proceedings re- 
quired for the transfer of lands. The result is that capital 
invested in real estate is not only sluggish, but practically 
buried in many instances. You feel this, and hence you 
hesitate about putting your money in realty, and until you 
accumulate large means you do not dare to buy your own 
home. Is it not a fact that many a business man would buy 
a home for his family, if he felt he would not be with- 
drawing that amount of capital from his business abso- 

25 



26 The Torrens System 

lutely? The Torrens System will relieve you from this 
anxiety. It is a fact that capital invested in land under 
our old laws is more or less absolutely withdrawn from 
business ; and it is a fact that capital so invested under the 
Torrens System will not be so withdrawn. If you have any 
doubt about the latter proposition, you have only to consult 
the experience of business men in those countries in which 
the Torrens System has been tried and is in active opera- 
tion. For instance, the statistics from Queensland, where 
out of 13,000,000 acres all but 16,566 acres had been 
brought under its Torrens Act in 1899, show that more 
than 41 per cent, of all mortgages were for sums not 
exceeding $500.00, and that more than 28 per cent, were 
for sums ranging from $500.00 to $1,250.00. 

EVIDENCES. 

3. If you wish evidence from some countries nearer 
home, you can consult the records in Illinois, Massachu- 
setts, and Minnesota. , 

In Cook County, Illinois, more than $15,000,000 worth 
of property had been registered in March, 1903. This em- 
braced 1,500 tracts chiefly of small values. From 1899 to 
1914 inclusive, there had been 19,268 transfers of regis- 
tered lands valued at $30,574,368.88 ; and within the same 
period the encumbrances of registered lands amounted to 
14,334, representing a total of $30,615,843.65. This illus- 
trates the freedom given by the Torrens System to all 
transactions with land. 

A letter dated August 17, 1916, from Hon. Joseph F. 
Connery, Recorder of Deeds, says : 

"I wish to state for your information that up to and in- 
cluding the present date, the total number of registrations 
are seven thousand. We estimate the value of the property 
at about $120,000,000.00. During the year 1907 there 
were 1,200 transfers; 1908, 1,100 transfers; 1909, 1,500 



How it Affects Business Men 27 

transfers; 1910, 1,800 transfers; 1911, 2,100 transfers; 
1912, 2,265 transfers; 1913, 3,300 transfers; 1914,3,800 
transfers; 1915, 4,200 transfers, and for the year 1916 we 
expect to break the record in all departments." 

In Massachusetts lands assessed at $56,682,216 had been 
registered up to January 1, 1916, and there had been fre- 
quent transactions with every piece of land registered. It 
was estimated by Hon. Clarence C. Smith, Eecorder, that 
there were 25,000 Massachusetts certificates of title out- 
standing in August, 1916. The Minnesota Act became 
operative in Eamsay county in 1902, and 5,280 tracts 
valued at $6,250,000 had been registered prior to January 
1, 1905, with which there had been 1,400 transactions 
since registration. 

We can show you a Massachusetts certificate involving 
two lots upon which seven transactions are registered be- 
tween February 25, 1901 and June 15, 1901. One of these 
transactions was a mortgage of $3,000.00 for four months, 
another a mortgage of $4,000.00 for four (4) months. 
Then one lot was sold; the first mortgages were released, 
and two other mortgages were made upon the remaining 
lot, one of $3,000.00 for six months and finally one of 
$5,600.00 for five years. Who ever thinks of making a 
loan for three or four months on real estate in Virginia? 
You can't do it under our present laws on account of delays 
and costs to be encountered. But the facts mentioned 
above demonstrate how freely registered land may be used 
as a source of commercial credit under the Torrens Sys- 
tem, and prove that no business man need have apprehen- 
sion about crippling his business by buying a home 
wherever the Torrens System may prevail. 

THE BUSINESS OF BUSINESS MEN. 

4. You may wish to know, however, whether the active 
prosecution of your business is affected in any other way by 



28 The Torrens System 

the land laws. Do you have to credit your customers ? If 
so you will certainly be benefited by any law that will 
enable them to give you good security. Merchants suffer 
terribly, especially in the country, from the credit system. 
They rarely require security because their patrons are un- 
able to furnish it readily. No man gives a deed of trust 
now unless he is hard pushed, and it is usually a sign of 
financial weakness. If a man pledges his stocks and bonds, 
no shoulders are shrugged, no eyebrows are lifted. There 
are no evil squints and no predictions of impending failure. 
It is regarded as an ordinary business transaction, and ex- 
cites no special comment. But let a man give a deed of 
trust, and the dome of heaven becomes a whispering 
gallery. Disastrous rumors fill the air, and often shake 
every foundation of credit until ruin stares him in the face. 
Nothing like this would happen if real estate were freed 
from its shackles and released from the dungeon dug by 
feudal law. When men deal freely with their lands as they 
do under the Torrens System, such transactions cause no 
surprise and afford no ground for reports of bankruptcy. 
Therefore merchants will not hesitate to ask for security, 
and their customers will not be afraid to give it. 

NO FALSE CREDIT. 

5. You frequently trust a customer because he is the re- 
puted owner of real estate. His title may be worthless, and 
neither he nor you may know it. Or he may have parted 
with his title and you may not know it; or there may be 
judgments against it and you may not know it. To find 
out these things you would have to employ a lawyer; and 
even after the lawyer had examined the records he could 
not tell you certainly, because many things that affect title 
are not required to be recorded under our present laws. All 



How it Affects Business Men 29 

this will be different under the Torrens System. It will be 
simply impossible for any man to deceive you, and you can 
for yourself tell all about his title by examining his cer- 
tificate — a thing that can be done in a few minutes. For 
nothing can affect the title except what is registered upon 
the certificate, and you need never give credit unless credit 
is deserved. 



CHAPTER VII. 

How the Tokeens System Affects Real Estate 
Agents and Bankers. 

1. It is easy to understand that real estate agents who 
deal altogether in lands must be affected by whatever 
controls the commodity to which their business is con- 
fined, and it takes but little consideration to discover that 
bankers whose business is based on credits must be like- 
wise affected by whatever contracts or enlarges the basis 
of credit. 

FRIENDS OF THE COUNTRY PEOPLE. 

2. You may have heard some thriftless or embittered 
persons sometimes describe the banker as a "Money Shark" 
and the real estate agent as a "Land Shark," but when- 
ever such expressions are used you have no difficulty in 
understanding what is the matter with the speaker. You 
have never heard a thrifty or successful man, nor one 
actively engaged in the up-building and development of 
his community speak in that way. You have never heard 
a man whose credit was good or who had real estate of any 
value for sale, attempt to discredit the men who furnish 
the sinews of trade and promote the progress of the coun- 
try. You have never heard a man trying to get a loan on 
honest business principles call his banker a "Money 
Shark" when seeking cash to push his business, and you 
have never heard one who was trying to sell a good title 
call his real estate agent a "Land Shark" when he brought 
him a purchaser at a fair price. But when a man has 
worn out his credit, frittered away his property, and run 
his shoes down at the heels, then he begins to denounce 
those who are required by the law of self-preservation to 

30 



How it Affects Business Men 31 

insist upon strict business principles in the conduct of 
their business. Without these principles, how long would 
the strongest bank in the world retain its integrity and 
continue able to aid commerce and extend trade? Bank- 
ers and real estate agents are among the best friends of 
the people and never fail to help those who help them- 
selves. They have been the backbone of every great enter- 
prise in this country. So far from oppressing the people 
and devastating the land, they have always had sense 
enough to know that their welfare is dependent upon the 
general prosperity, and that honorable principles and hon- 
est dealings are necessary to their very existence. They 
would perish miserably like fish out of water, if they 
were really "Land Sharks" or "Money Sharks." No such 
creatures can long exist outside of a diseased imagination, 
and if you think you have seen one, remember that even 
the actual appearance of one or more freaks has never 
been taken seriously by sensible men. 

WORLD'S REAL PROPERTY CONGRESS. 

3. At the great World's Fair at Chicago in 1893 a 
Eeal Property Congress assembled with distinguished dele- 
gates from all parts of the world. In speaking of the 
Torrens System which had then been tried for many 
years in New South Wales, Dr. Eenwick, the executive 
commissioner, said: "From personal experience, as the 
owner of property, and one who had had varied experience 
with the old and the present systems of transfer of land 
in New South Wales, I consider the Torrens Act one of 
the greatest boons conferred on the people of our country. 
Although at first the members of the legal profession were 
opposed to it, the general feeling of lawyers and convey- 
ancers is now decidedly and unanimously in favor of the 
provisions of the Torrens Act." At the same time, Mr. 



32 The Torrens System 

J. H. Mason, president of the Canada Permanent Loan 
and Savings Company at Toronto, said: "For nearly 
forty years I have been intimately associated with an in- 
stitution to supply capital to owners of real estate. The 
difficulties, vexations, delays, expense and uncertainties at- 
tending the old method of transfer have made a deep 
impression on me. For a long time I was led to believe 
that there was something inherent in land which prevented 
it from being dealt with like other kinds of property, and 
that, like taxes and death, the evil was inevitable and 
must be endured." But he added that, notwithstanding 
much opposition, the Torrens System was adopted by the 
Legislature of Ontario in 1884, "and is now universally 
admitted to be a great improvement on the old system." 
"People would as soon think of giving it up and going 
back to the old system," said he, "as of replacing the 
electric lights with tallow candles." 

WHAT MR. JOSEPH BRYAN SAID. 

4. This reminds us of what the late Mr. Joseph Bryan 
said in an interview published in the Times-Dispatch on 
March 4, 1903, when a number of prominent citizens were 
expressing their views about the Torrens System. Mr. 
Bryan was confident it was one of the best proposals ever 
made for the business interests of the State, and remarked : 
"My dear sir, the present method of the transfer of real 
estate is 100 years behind the times. Compared with the 
Torrens System, it is like an ox cart beside a modern 
locomotive." 

VIRGINIA REAL ESTATE ASSOCIATION. 

5. It must be admitted that real estate men ought to 
know what will help lands. It is their business to sell 
and rent them, and they come in daily and intimate con- 
tact with owners and prospective purchasers of all sorts. 



How it Affects Business Men 33 

Whatever helps lands will help them. Whatever helps the 
owners of lands will help them. They know that good 
titles and quick, cheap and easy transfers are of funda- 
mental importance. Therefore, at their first convention 
in December, 1903, they passed the following resolution: 

"Being profoundly impressed by the need for reforma- 
tion in our land laws, and believing that the Torrens Sys- 
tem of land registration will add to the value of lands and 
promote the development of the whole Commonwealth, we 
respectfully urge the legislature to pass the pending bill 
on this subject. And further, that each and every member 
write or see his senator and representative, and urge the 
passage of this bill." 

It was in response to smch demands, and particularly in 
view of action taken by the farmers in their conventions, 
that the Uniform Land Eegistration Act was finally passed 
in 1916. 
REAL ESTATE AGENTS. 

6. If a real estate agent cares to get a practical idea 
how he will be helped by the Torrens System, let him 
recall the time he has wasted on bad titles, the commis- 
sions he has lost on sales in such instances, and the time 
he loses in every transaction in real estate requiring an 
examination of title. All this waste and loss will be saved 
under the Torrens System, for there will be no more bad 
titles and no more examinations of titles. You will be 
dealing with a commodity that can be handled quickly 
and with certainty, and consequently the net profits of 
your business should be increased. 

VIRGINIA BANKERS' ASSOCIATION. 

7. It was shown before the tenth annual convention of 
the Virginia Bankers' Association in June, 1903, that if 
our titles were certain and trustworthy and could be cer- 



34 The Torrens System 

tainly and quickly transferred at reasonable costs, our 
real estate would be ample and available security for all 
the banking capital and bank deposits in the whole State 
of Virginia. We say ample, because the assessed value of 
buildings alone, as shown by the auditor's report for 
1902, was one hundred and thirty-eight millions of dol- 
lars, while the total assets of all our banks were then only 
about one hundred and twenty-five millions, and we 
say available because these buildings are a productive 
form of property and would yield a fair return upon their 
assessed values. Recognizing these facts, the association 
passed the following resolution : 

"Resolved, That the adoption of the Torrens System of 
Land Registration would, in our opinion, promote the 
development of the State and confer material benefits 
upon all our citizens, and we respectfully urge that the 
General Assembly of Virginia speedily exercise the special 
powers conferred upon it for this purpose by section 100 
of the Constitution." 

It took the General Assembly of Virginia from 1903 to 
1916 to get up the speed demanded by this resolution of 
progressive bankers. 

LAND VALUES NOW UNDER THE ACT. 

8. The Virginia State Auditor's report for 1915 shows* 
assessed values under the jurisdiction of the act as follows : 

In the forty- two counties aforesaid: 

Buildings on lands $ 28,441,994 

Buildings on lots 11,423,571 

Total real estate, improved and unimproved 97,660,460 

In the five cities aforesaid: 

Buildings on lots $ 69,414,728 

Unimproved lots 49,874,489 

Total improved and unimproved $119,289,217 



How it Affects Business Men 35 

Thus we have within this territory the following real estate 
values : 

(a) In forty-two counties $ 97,660,460 

In five cities 119,289,217 

Total $216,949,677 

(b) Buildings: 

On farm lands $28,441,994 

On town lots 11,423,571 

$ 39,865,565 

In five cities 69,414,728 

$109,280,293 
INCBEASE OF BANKABLE CAPITAL. 

9. It is assumed that the assessed value of these build- 
ings, under the prevailing low assessments in Virginia, 
can be taken as a reasonable estimate of the total real 
estate values reduced to a safe basis for bank loans. 

In other words, if the titles to this real estate be guaran- 
teed by law and represented by registered certificates which 
can be readily used in commercial transactions, it is safe 
to say, upon a very conservative estimate, that the bank- 
able capital of the above territory will be increased by at 
least $109,208,293. 

The official report of all the Richmond banks made to 
the Comptroller of the Currency on December 31, 1915, 
showed total assets amounting to $83,231,648. 

These figures indicate what would be the possibilities of 
business under the Uniform Land Registration Act if all 
the above lands were registered. 



CHAPTEE VIII. 

how the torrens system affects clerks and 
Sheriffs. 

1. Let us look at this matter from the standpoint of 
the county officers, that worthy class of citizens in whom 
the people have shown their confidence and who certainly 
deserve consideration at the hands of our law-makers. 
Not that any law should ever be passed in the interests of 
officeholders at the expense of the people who confer the 
office and for whose benefit it should be sacredly adminis- 
tered; but that every public servant should be fairly 
treated and that the service required of him should be 
fairly remunerated. 

PUBLIC OFFICE A PUBLIC TRUST. 

2. The great doctrine that public office is a public trust 
began to be conceived when offices ceased to be hereditary 
or the gift of arbitrary power. That eloquent English 
orator and powerful writer, Edmund Burke, for whom 
England was indebted to Ireland as in so many other in- 
stances, foreshadowed the idea in his "Eeflections on the 
French Eevolution," and Thomas Jefferson is reported to 
have said in 1807 : "When a man assumes a public trust, 
he should consider himself as public property/' But it 
remained for the logical and incisive John C. Calhoun to 
define the principle clearly in a speech delivered on July 
13, 1835. Said Senator Calhoun: "The very essence of 
free government consists in considering offices as public 
trusts, bestowed for the good of the country, and not for 
the benefit of an individual or a party " 

CLERKS OF COURTS. 

3. Under the Uniform Land Eegistration Act, all clerks 
of circuit and city courts with chancery jurisdiction are 

36 



How it Affects County Officers 37 

made registrars, and all acts of registration are to be per- 
formed by them under the direction of their respective 
courts. All the proceedings for registration of titles are 
to be had in the circuit court of the county or chancery 
court of the corporation where the land or the greater 
part thereof lies. And all the records are kept in the 
clerks' offices of these courts convenient to the homes of 
those who own the lands. As nothing can affect registered 
land except what is registered on the certificate of title, 
the services of the clerk will be necessarily called into 
requisition whenever there is any transaction with regis- 
tered land. The experience of Australia shows that the 
transactions with registered lands far outnumber those with 
unregistered lands, and, in the course of time, it will be the 
same case in Virginia. You can see that this must be so, 
because the Torrens System will reduce costs, prevent de- 
lays, and remove obstacles now encountered in the transfer 
of lands. It will open up new uses for real estate by render- 
ing it an acceptable basis of financial credit, and tend to 
give it a ready market value by enabling it to become the 
subject of commercial dealings. In other words, the ser- 
vices of clerks will be multiplied and their fees will be pro- 
portionately increased. They will not only get more but 
better fees under the Torrens System, because the regis- 
tration of transactions can be performed more quickly 
than the recordation of deeds under the old system. 

DUTIES OF REGISTRARS. 

Clerks of courts become registrars of title under the 
Uniform Land Eegistration Act, as stated above. They 
always act "under the direction" of court, which direction 
may be specially given or prescribed by general "rules and 
regulations" established for the conduct of business in 
their courts as courts of land registration. Their duties 
are summarized as follows : 



38 The Torrens System 

Sec. 14. Clerics to be registrars of title. — The clerks of 
said courts shall be registrars of title under this act. 

(1) They shall do all things required of them by this 

act under the direction of their respective courts, 
and pursuant to rules and regulations established 
for such courts, and shall be governed by the 
same general laws as clerks of circuit and city 
courts, in so far as the same may be applicable. 

(2) Their official designation under this act shall be 

registrar of title for their respective counties or 
cities. 

(3) They shall qualify and give bond in accordance 

with law for the faithful performance of their 

duties as such. 
Sec. 15. Duties and powers of registrars of title. — 
Registrars of title and their deputies shall be authorized 
and required under the direction of their respective courts : 

(1) To issue process and to enter the decree of the 

court touching lands in their respective counties 
or counties; 

(2) To enter and issue certificates of title as provided 

herein ; 

(3) To affix the seal of the court to such certificates 

and their duplicates ; 

(4) To make entries and memoranda and perform all 

acts of registration affecting the title to such 
lands ; 

(5) To keep a separate account of all moneys with 

which they may be chargeable under this act, 
and to make a special return thereof in accord- 
ance with the general laws and the special provi- 
sions of this act. 

(6) And generally to perform such other acts as the 

court may prescribe. 



How it Affects County Officers 39 

Kegistrars are charged with the official filing of all 
papers, including the notice of lis pendens (Sees. 23, 24), 
and every paper filed is to be numbered, dated, indexed 
and registered. They issue process and perform the usual 
duties of clerks in connection with all orders of publica- 
tion (Sec. 27), and must send copies to all parties inter- 
ested by registered mail (Sec. 28). If public rights are 
involved they give notice to the proper State, county or 
city attorney (Sec. 30), and must file certificates of 
service (Sec. 33). They enter all orders of court (Sec. 15) 
and make memoranda thereof (Sec. 47). They keep four 
books, a Land Registration Docket (Sec. 22), an Order 
Book (Sec. 39), a Register of Titles (Sees. 48, 50), an 
Entry Book 1 (Sec. 50). They register certificates of title 
and issue duplicates (Sees. 51, 52). They register trans- 
fer certificates and issue also duplicates thereof (Sees. 54, 
55). They register all memorials and require production 
of owner's duplicate therefor (Sees. 56-59). They register 
trusts, conditions, limitations and other equitable inter- 
ests and estates, but any transfer thereof requires a special 
order of court, except in cases of express power to sell or 
encumber (Sec. 60). Whenever any registrar is in doubt 
as to the proper registration to be made in any case, he 
may submit the matter to the court for special direction 
(Sec. 68). They collect the assurance fund and pay it 
into the State treasury (Sec. 80). Their fees are pre- 
scribed by section 88. 

SHERIFFS. 

4. Special duties are also required of sheriffs under the 
Torrens System, and it is believed that they will find it of 
advantage to themselves as officers as well as individuals. 



1 Clerks are advised that these books require special prepara- 
tion. They may be obtained in approved form from Everett 
Waddey Company, Inc., Richmond, Va. 



40 The Torrens System 

Process and notices under the act may be served by the 
sheriff as in other cases (Sec. 31). In addition, notices 
are required to be posted by the sheriff on each parcel of 
land involved (Sec. 29). They are also required to go 
upon the lands and to ascertain and report to the court 
the names and addresses of all occupants (Sec. 29), for 
which they are allowed a fee of one dollar (Sec. 88). 
They must file certificates of service (Sec. 33), and they 
are paid the usual fees for all services (Sec. 88). 



CHAPTEK IX. 

How the Torrens System Affects County Treas- 
urers and Surveyors. 

1. Registration of title is a very different thing from 
recordation of deeds. A deed is simply a contract between 
the parties, and recordation adds nothing to it except in 
so far as it gives constructive notice of the contract to all 
the world. If there is any defect in the deed it is not 
cured by recordation, but its recordation actually perpetu- 
ates evidence of the defect. And so if there is any flaw 
in the title of the grantor a deed from him does not mend 
it, though recorded in the most solemn and expensive 
manner. A deed only conveys the title of the grantor, 
whatever that may be, good, bad or indifferent, and the 
only remedy the grantee has if he gets a bad title is that 
after he has lost it, he may bring a suit against his grantor 
to recover the purchase money under his warranty of title. 
This is the only remedy he has under our old land laws, 
but he is perfectly protected under the Torrens System, 
for the Torrens System does not content itself with re- 
cording evidences of title, but registers the absolute title 
and deals with the title itself in every transaction. 

DELINQUENT TAXES. 

2. You can see, therefore, that as a title registered un- 
der the Torrens System is absolute and good against all 
the world, it can only be originally registered in some 
judicial proceeding which will be binding on all the world. 
And before original registration can be made, all delin- 
quent taxes are ascertained and must be paid. Thus you 
start under the Torrens System with a title clear of taxes, 
and this title will be kept clear under the provisions of the 

41 



42 The Torrens System 

Uniform Land Kegistration Act. No man can be de- 
prived of his property for delinquent taxes under this act 
without the fullest notice, and no man's home will ever be 
forfeited for taxes if registered under the act. For as 
soon as any registered land becomes delinquent, the owner 
is notified by the clerk of the county or corporation and 
he is given ample time within which to pay. If he 
does not pay within three months, the land is sold by 
the treasurer subject to the right of redemption within 
two years. And if the owner fails, or is unable to redeem 
within two years, a final sale is then made by the treas- 
urer just as if he were trustee in a deed of trust. The sale 
is made on the premises, after due advertisement in the 
newspapers, and absolute title is passed to the purchaser. 
The result is that the property will bring its full market 
value — a sound article is offered and a fair price may be 
expected. And the owner will get whatever he may be 
entitled to out of the proceeds of sale after paying taxes 
and charges, costs of sale, and discharging any liens he 
may have made or suffered against the property. This is 
just and equitable to the State and all parties concerned, 
but has never been done in this or any other State, so far 
as we know, and was never suggested until the Virginia 
Torrens bill was drawn. Everybody knows how unjust 
our present tax laws are, and how they work a practical 
forfeiture of the lands of the unwary and the homes of 
the poor. But no such forfeiture could occur under the 
Torrens System now in operation in Virginia, and this 
Commonwealth has the honor of being a leader among the 
nations in correcting a hoary abuse of the centuries. 

COUNTY TREASURERS. 

3. You will observe that sales for taxes are to be made 
by the county treasurers under the Uniform Land Eegis- 



How it Affects County Officers 43 

tration Act (Sec. 66), and they will be paid the same 
commissions that trustees now get under deeds of trust, 
to-wit: Five per cent, on the first $300.00 and two per 
cent, on the balance of the proceeds of sale. Thus county 
treasurers have an official as well as a personal interest in 
the operation of the act. 

COUNTY SURVEYORS. 

4. The Torrens System will not only help the treas- 
urers as shown above, but will also benefit the county 
surveyors. For the question of boundaries is an impor- 
tant one, and in order that the court may make no mistake 
in registering a title, the Uniform Land Registration Act 
provides that those who wish to have their titles regis- 
tered must have their property surveyed (Sec. 39). It is 
expected that the court will generally appoint the county 
surveyor for this purpose, because the surveys should pre- 
ferably be made by one man in each county, who will thus 
become familiar with all boundary lines and not do in- 
justice to any one, and the county surveyor, appointed 
under the Constitution to make official surveys in the 
county, is naturally the man to do this work. His charges 
are reasonable, he knows the people and they know him, 
and his notes will be most accessible to those most inter- 
ested in them. County surveyors are thus doubly con- 
cerned in the operation of the Uniform Land Eegistration 
Act and can do much to make it popular. Their surveys 
are to be made in accordance with rules of court, which 
must be thoroughly understood and followed by them. 



CHAPTER X. 

how the torrens system affects the homes of 
the People. 

1. We are now to touch upon a subject which concerns 
every householder, and we ask all men, without regard 
to their occupation or calling, to consider how they will 
be benefited by the Torrens System. 

THOMAS JEFFEBSON'S OPINION. 

2. The world has recognized Mr. Jefferson as one of the 
wisest men this country has produced. With a mind at 
once penetrating and discriminating, thoroughly trained 
in all the processes of reasoning, equipped with the best 
knowledge of the ages, versed in the history, philosophy 
and laws of other nations, he was gifted with a genius for 
insight into the very heart of things. On a bright October 
day in the year 1785, when Minister to France, he was in 
the village of Fontainbleu. Far from his native land, 
doubtless sweet memories of his "Monticello" swept over 
him as he looked towards the blue mountains, and he 
determined to climb a neighboring peak. As he fared 
along the way he met a peasant woman who begged of him 
an alms, and when he bestowed upon her a small coin, he 
tells us: "She burst into tears of a gratitude which I 
could perceive was unfeigned because she was unable to 
utter a word." Contrasting the condition of the French 
peasants, unable to own their homes and impoverished by 
heavy rents, with that of even the lowliest freeman of 
America, and describing the scene above portrayed to a 
friend in Virginia, he wrote : "The small land owners are 
the most precious part of a State." (Writings of Thomas 
Jefferson, Vol. VII, p. 33.) 

44 



How it Affects the Homes 45 

If this was true in 1785, you can see that the truth of 
the statement is more evident and of far more weight 
now than it was at that early day. For the tendencies 
towards the centralization of power and wealth are much 
more pronounced now than they were in 1785, and the 
ascendency of the rich over the poor would be more com- 
plete if it were not for that great body of citizens repre- 
sented by the small land holders. These are the 
conservative, intelligent and uncorrupted voters who hold 
the balance of power and can make their influence felt in 
the State whenever aroused to express their will. 

THE SMALL LAND HOLDERS. 

3. The Torrens System is in all its details and opera- 
tions especially designed to benefit the small land holders. 
It is not only contrived to help those who already own 
small tracts of lands, but will result in aiding many others 
of small means to acquire registered titles. You can see 
its benefits are general because it will make your title 
certain, it will greatly reduce the costs and charges at- 
tending the transfer of title, and it will enable you to 
borrow money upon your land quickly and cheaply. It 
will do more than this. It will enable you to borrow small 
sums for even thirty, sixty or ninety days, if you wish a 
short loan. Under our old land laws you know that these 
things are impossible. If you have any doubt that they 
are possible, and actual facts, wherever the Torrens System 
prevails, you have simply to examine the records of those 
countries in which titles are registered. Hon. C. Fortescue- 
Brickdale, B. A., of Lincoln's Inn, barrister and some- 
time registrar of the Land Eegistry Office under the 
Torrens Act in London, is an English authority on the 
subject. In his "Notes on Land Transfer in Various 
Countries" you will find these statements: Speaking of 



46 The Torrens System 

Victoria, he quotes from a letter, "It is a matter of five 
minutes' search in the titles office to know if the land you 
are asked to advance on is already burdened and to what 
extent. There can be no doubt that the system has very 
much facilitated dealings in land, as it is worked cheaply 
and is so simple that managers of land and building com- 
panies habitually effect transfers themselves." Speaking 
of New South Wales, he quotes from a letter of a member 
of the Legislative Council, "The working men of New 
South Wales are almost all becoming landed proprietors, 
but hardly one of them would ever attend a sale of land if 
it were not announced in the advertisement that the title 
was that of Torrens' Act !" Speaking of South Australia, 
he quotes from Hon. R. C. Baker, a colonial lawyer, as 
follows: "Under the Torrens System, transfers are com- 
pleted, I may almost say in a few minutes, with a mini- 
mum of costs to both parties. I have not only heard of 
instances, I have known them in my own office, where 
transfers or mortgages, etc., have been completed in less 
than a quarter of an hour, and the people of South Aus- 
tralia look upon the act as the greatest boon that has been 
given them." Mr. Brickdale sums up the matter by say- 
ing: "We have looked for evidence in disparagement of 
the Torrens Acts, and have not been able to find any." 
These are strong words, coming as they do from a con- 
servative lawyer who had studied this subject for years, 
who had been sent abroad by the English government to 
collect information for Parliament, and who had made 
official detailed reports to his government in consequence 
of which the English Land Transfer Act of 1897 was 



THE PEOPLE MOST INTERESTED. 

4. The interests of the great mass of the people are 
involved in this subject. If you think for a moment, you 



How it Affects the Homes 47 

will see that questions of title are of the utmost consequence 
to the man of small means. He has labored for years to 
acquire his home ; it represents the sweat of his brow. If 
the title is defective he can scarcely afford to have it 
cured. Litigation is a great hardship to him. And if he 
loses his home, all is gone and he is a ruined man. It 
means a total wreck of fortune and the severest suffering 
of those he loves. The Torrens System will give assurance 
against any such disaster to every humble citizen. It will 
also enable him to secure ready credit in time of need and 
distress. 

HOW MANY OWN LANDS. 

5. One of the exhibits filed by the Auditor of Public 
Accounts before the last constitutional convention in 
1901, shows that more than 100,000 male adults were 
assessed for taxes on real estate valued at not less than 
$300.00 for the year 1900. That is to say, 37.6 per cent, 
of all the male adults in Virginia were then owners of at 
least $300.00 worth of real estate. There are no recent 
statistics to show how many voters in Virginia now own 
lands, but it is reasonable to assume that the number has 
been considerably increased since 1900. We can say with 
confidence that there are more than 100,000 owners of 
land in Virginia, every one of whom would be materially 
benefited by a use of the Torrens System. If you do not 
make use of it you are neglecting your opportunities. 

WHO BEARS THE BURDENS. 

6. The burdens of our land laws bear most harshly upon 
the man of small means. This is true, not only because 
our humble citizens suffer most from the iniquities of ex- 
isting tax laws, but because they are practically prevented 
from making any use of their real estate. The wealthy 
man never cares to borrow small sums of money on his 



48 The Torrens System 

realty, but gets large loans for long terms. He can, there- 
fore, afford to pay the heavy costs and charges imposed 
upon transactions with real estate. But that is not the 
case with men of small means. You want a small sum of 
money, and perhaps for a short time. But if you try to 
get such a loan on your lands, you will find that the costs 
and interest will make the burden oppressive. For, you 
know, the borrower has to pay all the commissions, fees, 
and charges of every sort and description. It is plain, 
therefore, that the poor man is practically deprived of his 
property to the extent that he is prevented from using it 
under the old laws. All these inequalities, and this in- 
justice, and the cruel forfeiture of lands for delinquent 
taxes will be obviated to the extent that use is made of 
the Torrens System. The people should be informed of 
this by every intelligent and public-spirited citizen and 
should be encouraged to make use of the Uniform Land 
Registration Act. 



CHAPTEK XL 

How the Act Operates. 

1. It will be useful to keep in mind the steps neces- 
sary to be taken for the original registration of title, and 
also to consider precisely how titles may be dealt with 
after registration. 

ORIGINAL REGISTRATION. 

2. It is apparent upon the slightest reflection that it 
will require a suit for the original registration of title. 
This is necessary because you must have a definite starting 
point locating the title absolutely and finally in some per- 
son. This can only be done by a suit to which all persons 
who may have any interest in or claim against the land 
shall have been made parties and have been given an op- 
portunity to establish their claims. This is done in the 
simplest possible way, under the Uniform Land Eegistra- 
tion Act, by the filing of a petition in the proper court of 
the county or city in which the land lies. It is a proceed- 
ing in rem, binding upon all the world (Sec. 44). 

THE PETITION. 

3. The form and substance of the petition are prescribed 
with a view to bring all material facts and material par- 
ties before the court at once, if possible; it can only be 
filed by fee simple owners, and must be sworn to and 
subscribed (Sees. 17-21). Each petition must be imme- 
diately docketed, numbered and indexed by the registrar, 
and a notice of lis pendens must at the same time be re- 
corded in the proper deed book (Sees. 22, 23). 

REFERENCE TO EXAMINER. 

4. The petition is referred by the court to one of the 
examiners of titles as soon as filed (Sec. 25), and nothing 

49 



50 The Torrens System 

more is done until he makes his report on the title to the 
court in the form required by it (Sees. 26, 16). The re- 
port of the examiner becomes the basis for the issuance of 
process. It is his duty to inform the court of everyone 
interested in the property. He is an impartial judicial 
officer, and the facts are to be gathered by him not only 
from the pleadings, but from the records and from the 
testimony of such witnesses as he may think proper to 
examine (Sec. 16). No better way can be conceived of 
getting all the facts. 

PROCESS. 

5. As soon as the examiner files his report an order of 
publication is begun in some convenient newspaper, and 
every precaution is taken to notify everyone who may have 
any interest in or claim against the land. The fact that 
process is not issued until the examiner has made his re- 
port, constitutes one of the excellencies of the Uniform 
Act, for then everyone can be properly notified. The 
superiority of this provision over that of other acts which 
make publication when the petition is filed, is obvious. 
Now observe the scrupulous care taken to notify everyone 
who may be concerned : 

(1) A copy of the order of publication is sent by 

registered mail to every person interested, named 
in the petition or mentioned in the report of the 
examiner (Sec. 29). 

(2) A copy of the order is posted by the sheriff on each 

parcel of land included in the petition (Sec. 29). 

(3) Also, the sheriff is required to go upon the lands 

and report to court the names and addresses of 
all occupants. 

(4) If any public rights or interests are involved, the 

proper attorney for the State, county or city is 
notified (Sec. 30). 






How the Act Operates 51 

(5) The court may cause other or further notice to be 

given (Sec. 31). 

(6) And unless waived, personal service of process must 

also be made on resident defendants, not under 
disability, made known to the court before final 
decree (Sec. 31). 
It may be confidently expected that these elaborate and 
painstaking precautions, which are not surpassed by pro- 
cess in any known proceeding, will result in the discovery 
of all persons who may have any interest in or claim 
against the land, and will afford every such person an op- 
portunity to be heard — thus answering every requirement 
of "due process of law." 

THE HEARING. 

6. The cause is set down for hearing fifteen days after 
the completion of the order of publication (Sec. 34) ; a 
guardian ad litem is appointed for all persons under dis- 
ability, not in being, unascertained, unknown, or out of the 
State, who may appear to have any interest in or claim 
against the land, and answers may be filed under oath and 
personal signature at any time before final decree (Sees. 
35,36, 37). 

SURVEY, 

7. Surveys are to be required by the court, after notice 
to adjoining owners, "by a competent surveyor appointed 
by the court" (Sec. 39). This gives the court a discretion, 
which will probably be exercised in favor of the county 
surveyors unless there should be some good reason to the 
contrary. 

ADJUDICATION OF TITLE. 

8. All this leads up to a final adjudication of title by 
the court, after a "certificate from the proper officer that 
all taxes and levies assessed on said land and then due and 



52 The Torrens System 

delinquent have been paid in full" (Sec. 43). The final 
decree differs radically from any other decree "to quiet 
title" in an ordinary chancery suit. For this is a pro- 
ceeding in rem good against all the world (Sec. 44), while 
that is only good against the parties to the suit. More- 
over, no sort of rehearing or appeal can be had or taken 
from a decree of registration, by anyone, whether under 
disability or not, except within ninety days (Sec. 16). 

CERTIFICATES OF TITLE. 

9. The final decree becomes the Certificate of Title 
which is registered in the Eegister of Titles and never 
goes out of the registrar's office. It is followed by a 
folium conveniently arranged and ruled, so that the whole 
history of the title may be segregated and kept in one 
place. Thereafter if anyone wants to know the condition 
of the title, he does not have to look through many books 
and indexes, but will find it all in a nutshell in this ledger 
account. Whatever happens to the title after it has once 
been registered — judgments or decrees against the owner, 
transfers, encumbrances, liens of all sorts, contracts, gifts, 
wills, inheritances, dower rights, or curtesy, taking by emi- 
nent domain, rights of way and all other rights, trusts, 
liens for taxes and levies — all must be registered in this 
ledger account to take effect against the title (Sees. 
72, 78). 

OWNER'S DUPLICATE CERTIFICATE. 

10. The owner is given an exact copy of the original 
certificate by the registrar. This duplicate and every 
memorial on it is numbered to match the original. And 
whenever any subsequent memorial is made on the orig- 
inal the registrar requires the owner to produce his dupli- 
cate so that the copy may be kept complete (Sec. 59). 
Therefore, to be certain that the duplicate is an exact 



How the Act Operates 53 

copy, one has only to inquire of the registrar by 'phone or 
otherwise, What is the number of the last memorial on 
certificate No ? 

TRANSFERS. 

11. If you wish to transfer a registered title, you must 
not only make a short deed for the transfer, which must 
be signed and acknowledged by husband and wife, but the 
owner's duplicate must be carried to the registrar's office 
before any voluntary transfer can be registered. This 
gives an extra safeguard against fraud or forgery, and is a 
valuable feature of the act (Sec. 57). 

FLEDGES. 

12. One effect of this system is that if a borrower 
pledges his duplicate certificate for a loan, the lender can 
rest assured that no other pledge or transfer can be made 
by the borrower without the surrender of the duplicate 
certificate, even though the borrower may give another 
deed or attempt to make another pledge or transfer. For 
the duplicate certificate must always accompany every 
voluntary transaction with a registered title. 

OTHER EFFECTS. 

13. Anything can be registered which could be recorded 
(Sec. 72). No title is given by registration in cases of 
forgery, and none in cases of fraud to which one is a party 
or privy without valuable consideration paid in good faith 
(Sec. 74). Land once registered is to remain forever 
registered (Sec. 76), and cannot be subject to rights by 
adverse possession or prescription (Sec. 77). 

THE ASSURANCE FUND. 

14. An assurance fund is provided by a small tax of 
$1.00 per $1,000.00 of actual value, paid by everyone who 
registers land, to reimburse anyone who had no actual 



54 The Torrens System 

notice of any registration depriving him of any estate or 
interest in sncli land, and who is without other remedy 
under the act. But such suits must be brought within 
two years after the right accrues (Sees. 80-87). In actual 
practice the acts have been administered so perfectly that 
very few cases of claims against the assurance fund have 
arisen in the United States, and only one appears to have 
been reported in which any such claim has been sustained. 
(Shevlin v. Fogarty, 130 Minn. 456.) 



CHAPTEK XII. 

Legal Questions. 

1. In the second volume of his History of Australia, 
George William Rusden, referring to the achievements of 
Sir Robert Torrens, says : 

"Wherever he struck, groans of lawyers warned him that 
his deeds were impious. It was impossible, they said, that 
aught but unutterable woe could flow from his rashness : — 
non turba questa secreta sede. * * * Public opinion 
supported him against bench, bar, and scrivener. Amid 
learned prophecies of failure he achieved success. Title by 
registration was substituted for title by deed. His instruc- 
tions to all who desired to bring their property under the 
new law were so clear that any ordinary person with time 
at his disposal could dispense with legal assistance in com- 
plying with the forms; and the cost was almost nominal. 
Useless dust of ages was swept away. By the old law every 
change of ownership lengthened the chain of which each 
link had to be tested in every subsequent transaction. By 
the new law the last registration was complete in itself, 
and no retrospective searches or opinions — no new intricate 
deeds — were needed. * * * At the end of 1879, the 
value of property brought under the act was nearly twelve 
million sterling in South Australia alone. Long before 
that time Mr. Torrens had grafted his reform upon the 
neighboring colonies. To some he went while the lawyers 
were arraying their forces against the dreaded innovation 
which was everywhere proposed, everywhere opposed, but 
everywhere triumphant. In some places, when defeat was 
impending, the legal fraternity made a merit of necessity; 
and when they could not stay the measure, induced the 
Government to make a lawyer the Registrar- General, with 
a view to maintain legal technicalities in fact or form. 
His opponents continually asserted that Mr. Torrens did 
not understand the difficulties of the case, but events 
proved that defects in comprehension were not on his 
side/' 

55 



56 The Torrens System 

This vigorous summary affords a fair sketch of what has 
taken place wherever an effort has been made to introduce 
the Torrens ideas. No proposition has ever been fought 
with more bitterness and none has ever triumphed more 
completely over all enemies. 

OBJECTIONS. 

2. Every objection suggested by legal ingenuity has ap- 
parently been made to convince the courts that the provi- 
sions of such an act are contrary both to the constitutions 
of the several States in which it has been enacted, and in 
violation of the Constitution of the United States. 

The first act was passed by Illinois in 1895, and that 
was declared unconstitutional in People v. Chase. 1 There- 
upon the legislature promptly passed another act in 1897, 
the constitutionality of which was upheld in People v. 
Simon. 2 

Ohio passed an act in 1896 which was pronounced un- 
constitutional in State v. Guilbert, 3 but the demand for 
such legislation grew so insistent that the State constitu- 
tion was amended in 1912 to give the legislature a free 
hand, and another Ohio act was passed in 1913. This act 
will probably enjoy the unique distinction of being im- 
mune from constitutional attack, at least on the ground 
that it is contrary to the State constitution, since that 
instrument has made special provision for it and has gone 
so far as to permit judicial functions to be exercised by 
county recorders or other officers in matters arising under 
registration proceedings, subject to the right of appeal. 4 

The stock objections have been : 

First: That judicial powers have been conferred upon 
the registrars. 

1 165 111. 527, 46 N. E. 454. 

2 176 111. 165, 52 N. E. 910, 44 L. K. A. 801. 
■ 55 Ohio St. 575, 47 N. E. 558. 

• Ohio Constitution, Art. II, Sec. 40. 



Legal Questions 57 

Second: That the acts do not afford "due process of 
law." These and all other objections yet raised have been 
answered by a number of cases in which the constitution- 
ality of the acts has been sustained. 5 

3. The only case that has yet gone to the Supreme 
Court of the United States is Tyler v. Judges, 8 in which 
the writ of error was dismissed because the plaintiff in 
error did not have the requisite interest to bring in ques- 
tion the constitutionality of the act. Thus there was no 
decision on the merits, but the dismissal practically re- 
sulted in the confirmation of the Massachusetts court over 
which Mr. Justice Holmes, now a distinguished member 
of the Supreme Court, was then presiding as Chief Jus- 
tice. And it is interesting to note that this decision of the 
Massachusetts Court was delivered by its Chief Justice. 
It is also interesting to note that the constitutionality of 
the Massachusetts act has never since been questioned. 

4. Eeplying to the first objection : 

In Tyler v. Judges 7 the court said (italics ours) : 

"The ordinary business of registration is very nearly 
ministerial. There is no question to be raised, or which 

6 People v. Simon, 176 111. 165, 52 N. E. 910, 44 L. R. A. 801 ; 
Tyler v. Judges, 175 Mass. 71, 55 N. E. 812, 179 U. S. 405;; 
State v. Westfall, 85 Minn. 437, 89 N. W. 175, 57 L. R. A. 
297; National Bond Co. v. Hopkins, 96 Minn. 119, 104 N. W. 
078, 816; Rilev v. Pearson, 120 Minn. 210; Robinson v. Kerrigan, 
151 Cal. 40, 90 Pac. 129; People v. Crissnian, 41 Col. 450, 92 Pac. 
949; McMahon v. Rowley, 238 111. 31, 87 N. E. 66; Brooke v. Glos, 
243 111. 392, 90 N. E. 751; Waugh v. Glos, 246 111. 604, 92 N. E. 
974; Hammond v. Glos, 250 111. 32, 95 N. E. 39; Peters v. Duluth, 
119 Minn. 96, 137 N. W. 390; Tower v. Glos, 256 111. 121, 99 N. E. 
876; Bjork v. Glos, 256 111. 447; Teninga v. Glos, 266 111. 121; 
Brace v. Superior Land Co., 65 Wash. 681; Krutz v. Dodge, 66 
Wash. 178; Lewis v. Chamberlain, 61 Oregon 150; Duffy v. 
Shirden, 139 K Y. App. Div. 4; Barkenthein v. People, 212 N. 
Y. 36; Cape Lookout Co. v. Gold, 167 N. C. 63; Mfg. Co. v. 
Spruill, 169 N. C. 618. 

a Supra. 

1 176 Mass. 71, 55 N. E. 812, 815. 



58 The Torrens System 

can be raised. If there is a question, either raised by any 
party in interest or occurring to the assistant recorder, it 
is to be referred to the judge for decision (Sec. 53). But 
whatever may be thought of the original act, by amend- 
ment even the ordinary business is to be done only 'in 
accordance with the rules and instructions of the court/ 
(St. 1899, c. 131, Sec. 8.) Under this amendment regis- 
tration is the act of the court. The fact that it may be 
done by the assistant recorder under general orders when 
there is no question is not different from the power of the 
cleric to enter judgment in cases ripe for judgment under 
a general order or rule of the superior court." 

And in State v. Westfall 8 the court said (italics ours) : 

"The registration is the act of the court. The fact that 
it may be done by the registrar, under general orders, 
where there is no question, is not different from the power 
of the clerk to enter judgment, in cases ripe for judgment, 
under the general order or rule of the court." 

And in Eobinson v. Kerrigan 9 the court said (italics 
ours) : 

"There is no force to the objection. Every administra- 
tive officer is frequently called upon, in the discharge of 
his duties, to decide questions of law relating thereto. 
Recorders determine deeds, leases, mortgages, etc., before 
recording. The sheriff determines, for his own guidance, 
ownership of property before levying. The duties required 
of the registrar by these sections are of the same nature. 
His decision in the matter is not conclusive. If he decides 
wrongfully and refuses to perform the appropriate duty in 
the premises, he may be compelled to act properly by a 
writ of mandamus, the same as any other ministerial officer 
who mistakes his duty under the law and refuses to per- 
form it." 

SUPREME COURT DECISIONS. 

5. Before considering the second objection, let us recall 
the well-established doctrine that every State has the 



8 85 Minn. 437, 89 N. W. 175, 179, 57 L. R. A. 297, 303. 
» 151 Cal. 40, 90 Pac. 129, 132. 



Legal Questions 59 

power to regulate the manner and conditions upon which 
real and personal property within its territory may be 
acquired, enjoyed, and transferred. 

"Substituted services by publication or in any other 
authorized form, may be sufficient to inform parties of the 
object of proceedings taken where property is once brought 
under control of the court by seizure or some equivalent 
act. The law assumes that property is always in the pos- 
session of its owner, in person or by agent, and it proceeds 
upon the theory that its seizure will inform him not only 
that it is taken into the custody of the court, but that he 
must look to any proceedings authorized by law upon such 
seizure of its condemnation and sale. * * * In other 
words, such service may answer in all actions which are 
substantially proceedings in rem." 10 

A State has "control over property within its limits, 
and the condition of ownership of real estate therein, 
whether the owner be stranger or citizen, is subject to its 
rules concerning the holding, the transfer, liability to 
obligations private or public, and the mode of establishing 
title thereto, * * * and no proceeding which it pro- 
vides can be declared invalid, unless in conflict with some 
special inhibition of the constitution, or against natural 
justice." u "The power of the State to regulate the 
tenure of real property within her limits, and the modes 
of acquisition and transfer, * * * is undoubted." u 

DUE PROCESS OF LAW. 

6. But when driven from every frontier fortress that 
might have protected from invasion their preserves, the title 
companies and other opponents of title registration have 

10 Pennoyer v. Neff, 95 U. S. 174. 

u Arndt'v. Griggs, 134 U. S. 31. 

12 United States v. Fox, 94 U. S. 315. See also McCormick v. 
Sullivant, 10 Wheat. 202; Beaureguard v. New Orleans, 18 How. 
497 ; Suydam v. Williamson, 24 How. 427 ; Christian Union v. 
Yount, 101 U. S. 352. 



60 The Torrens System 

diligently sought to entrench themselves in the mysteries 
of the Fourteenth Amendment. Their battle cry is "due 
process of law/' and as if there were magic in the phrase 
they shout it from the firing line at the advancing host of 
conquerors, and mumble it in their prayers amidst rout 
and confusion. Doubtless we shall hear it from the depths 
of despair, with their expiring breath, as their last agon- 
ized cry is being hushed into silence. Let us, therefore, 
probe the mystery, and calmly inquire what there is in 
the sound with which the air is burdened. "Due process 
of law" — it is hurled by leader and followers from the 
ranks of the title examiners and insurers with all the con- 
fidence reposed in a deadly asphyxiating bomb. We admit 
the glorious uncertainty of the phrase, and its stunning 
effect when exploded without warning in the heat of a 
constitutional argument. But fortunately certain screens 
have been furnished by the highest authority, and by the 
use of them clear thought and the quiet beating of the 
pulse may be preserved. 

In the first place, we observe that the Supreme Court 
of the United States has remarked more than once upon 
"the abundant evidence that there exists some strange mis- 
conception of this provision" in the minds of many law- 
yers who have sought to invoke it as a general prohibition 
statute against any and every State enactment that may 
pinch the plans or activities of their clients, and this 
august tribunal has been wearied and worn into chiding 
those members of the bar who have looked upon the clause 
"as a means of bringing to the test of the decision of this 
court the abstract opinions of every unsuccessful litigant 
in a State court of the justice of the decision against him, 
and of the merits of the legislation in which such a deci- 
sion may be founded." " 

18 Davidson v. New Orleans, 95 U. S. 97; Missouri Pacific R. 
R. Co. v. Humes, 115 U. S. 512. 



Legal Questions 61 

The court has never undertaken to give any comprehen- 
sive definition of the phrase, but has declared that it will 
deal with each case as it arises, pronouncing it the part of 
wisdom to ascertain the intent and application of such an 
important phase of the Federal Constitution, "by the 
gradual process of judicial inclusion and exclusion, as the 
cases presented for such decision shall require, with the 
reasoning on which such decisions may be founded." " It 
is believed that a sufficient number of such cases have now 
been decided to establish the constitutionality of the act 
under discussion, as will appear from the following cita- 
tions. Due process of law does not necessarily imply a 
regular proceeding in a court of justice, or after the man- 
ner of such courts ; 15 it does not necessarily imply 
delay ; 16 nor a plenary suit and trial by jury ; 17 it does not 
require presentment and indictment by grand jury, 18 but 
an information instead of an indictment is sufficient." 

"What is due process of law must be determined by cir- 
cumstances. To those in the military or naval affairs of 
the United States, the military law is due process." *° 

CONSTITUTIONAL CONSTRUCTION. 

7. It was John Marshall, the great Chief Justice, who 
said : 

"A constitution is framed for ages to come, and is de- 
signed to approach immortality, as nearly as human insti- 
tutions can approach it." 

14 Davidson v. New Orleans, supra. 

16 Murphy v. Hoboken Land Co., 18 How. 272. 

16 Kennard v. Louisiana, 92 U. S. 480. 

17 Simon v. Craft, 182 U. S. 427; Ex parte Wall, 107 U. S. 
265; Holden v. Hardy, 169 U. S. 366; Walker v. Savannah, 92 
U. S. 90; Tinsley v. Anderson, 171 U. S. 101. 

18 Hurtado v. California, 110 U. S. 16; Caldwell v. Texas, 137 
U. S. 692. 

19 Hodgson v. Vermont, 168 U. S. 261; Bolln v. Nebraska, 176 
U. S. 83; Maxwell v. Dow, 176 U. S. 581; Davis v. Burke, 179 
U. S. 399. 

20 Reaves v. Ainsworth, 219 U. S. 296. 



62 The Torrens System 

Therefore, we can safely say, there must be nothing nar- 
row nor hide-bound in its interpretation, but as the horizon 
widens with the progress of development and the elevation 
of thought, the Constitution of the United States must be 
permitted to expand its beneficent provisions over the 
changing conditions and relations of social and commercial 
life. 

In Holden v. Hardy, 21 a review of all the cases concern- 
ing due process of law led to the statement that in passing 
upon the validity of State legislation under the Fourteenth 
Amendment, 

"This court has not failed to recognize the fact that the 
law is to a certain extent a progressive science; that in 
some of the States methods of procedure which, at the time 
the Constitution was adopted, were deemed essential to the 
protection and safety of the people, or to the liberty of the 
citizen, have been found to be no longer necessary." 

And after mentioning some of the notable changes that 
had taken place in the laws and jurisprudence of England 
and America, attention was called to the probability that 
other changes of no less importance might be made in the 
future. The court said : 

"The Constitution of the United States, which is neces- 
sarily and to a large extent inflexible and exceedingly diffi- 
cult of amendment, should not be so construed as to 
deprive the States of the power to so amend their laws as to 
make them conform to the wishes of the citizens as they 
may deem best for the public welfare without bringing 
them into conflict with the supreme law of the land." 

In the earlier case of Hurtado v. California, 22 it had been 
finely said : 

"The Constitution of the United States was ordained, it 
is true, by descendants of Englishmen, who inherited the 

21 169 U. S. 366. 

22 110 U. S. 516, 530. 



Legal Questions 63 

traditions of English law and history ; but it was made for 
an undefined and expanding future, and for a people 
gathered, and to be gathered, from many nations and of 
many tongues. And while we take just pride in the prin- 
ciples and institutions of the common law, we are not to 
forget that in lands where other systems of jurisprudence 
prevail, the ideas and processes of civil justice are also not 
unknown. * * * There is nothing in Magna 
Charta, rightly construed as a broad charter of public right 
and law, which ought to exclude the best ideas of all sys- 
tems and of every age; and as it was the characteristic 
principle of the common law to draw its inspiration from 
every fountain of justice, we are not to assume that the 
sources of its supply have been exhausted. On the con- 
trary, we should expect that the new and various expe- 
rience of our situation and system will mould and shape it 
into new and not less useful forms.'' 

iind in Twining v. New Jersey, 23 the Court speaking 
through Mr. Justice Moody, said : 

"A procedure settled in English law at the time of the 
emigration, and brought to this country, and practiced by 
our ancestors, is not an essential element of due process of 
law. If it were, the procedure of the first half of the seven- 
teenth century would be fastened upon American jurispru- 
dence like a straight- jacket, only to be unloosed by 
constitutional amendment." 

EXTREMITY OF OPPOSITION. 

8. After successive defeats in every State in which the 
battle has been pressed, the opponents of title registration 
have finally been compelled to admit that original regis- 
tration may be made by court proceedings without violat- 
ing the Fourteenth Amendment. But they now say that 
every subsequent registration "by the Eegistrar of Titles" 
is a denial of "due process of law" and therefore void. 

In answer to this objection it must be noted in the first 
place that, according to the theory of the acts every regis- 

*» 211 U. S. 78. 



64 The Torrens System 

tration is an act of the court and the Kegistrar is expressly- 
declared to perform all his functions under the supervision 
and direction of the court. In addition to this, provision is 
generally made for an appeal from any decision or act of 
the Eegistrar. Yet he is held up by the irreconcilables as 
an "autocrat" and a "tyrant" with power to rob any man 
of his property by intent or inadvertence. 

In this connection, while considering the effect of subse- 
quent registrations, it is well to remind ourselves again 
that all proceedings under title registration acts are pro- 
ceedings in rem. 

As Mr. Chief Justice White has said, speaking for an 
undivided court: 24 

"It is elementary that a probate proceeding by which 
jurisdiction of a probate court is asserted over the estate of 
a decedent for the purpose of administering the same is in 
the nature of a proceeding in rem, and is therefore one as 
to which all the world is charged with notice." 

Also the same court, speaking through Mr. Justice Peck- 
ham, has said: 28 

"There is nothing in the Federal Constitution which 
directly or impliedly forbids a State to confer judicial 
functions upon non-judicial bodies." 

From these and other cases it is apparent that the Four- 
teenth Amendment will always be construed in the light of 
practical affairs, local conditions, and the habits, customs, 
and traditions of particular communities. 

Title registration has been in vogue in some communities 
of the United States for about twenty years; it has been 
held to be constitutional by the Supreme Courts in every 
State in every case in which it has been attacked since 



24 Goodrich v. Ferris, 214 U. S. 71. 

28 Consolidated Kendering Co. v. Vermont, 207 U. S. 451. 



Legal Questions 65 

1897; thousands of tracts of lands have been registered 
and transferred many thousands of times; millions of 
dollars are at stake; the rights and interests of thousands 
of citizens are actually affected, while those of millions are 
more remotely involved: I put the question to the calm 
judgment of the American bar : 

What likelihood is there, under these circumstances, that 
the Supreme Court of the United States can ever be in- 
duced to declare title registration to be unconstitutional ? 

Let the call be made for an answer from each august 
justice in the serene atmosphere of his high office, and I 
doubt not that the unanimous answer would come, mutatis 
mutandis, somewhat in the language of Mr. Justice Holmes 
in the taxation case of Paddell v. New York : 26 

"The plaintiff has many difficulties in his way. In the 
first place the mode of taxation is of long standing, and, 
upon questions of constitutional law, the long-settled habits 
of the community play a part as well as grammar and 
logic. If we should assume that, economically speaking, 
the present system really taxes two persons for the same 
thing, the fact that the system has been in force for a very 
long time is of itself a strong reason against the belief that 
it has been overthrown by the Fourteenth Amendment, and 
for leaving any improvement that may be desired to the 
legislature." / 

And again, from the same case: 

"It is a fitting answer to say that you cannot carry a con- 
stitution out with mathematical nicety to logical extremes." 

POLICE POWER. 

9. But it is argued that operations under the title regis- 
tration acts will, or may, result in the taking of private 
property for private use without "due process of law." The 
same argument was made in the Oklahoma Bank cases 



M 211 U. S. 446. 



66 The Torrens System 

tinder the statute creating a depositors' guaranty fund by 
an assessment of one per cent, on the average daily deposits 
of State banks. Hear what the Supreme Court said, again 
speaking through Mr. Justice Holmes: 37 

"The substance of the plaintiff's argument is that the 
assessment taxes private property for private uses without 
compensation. Many laws which it would be vain to ask 
the court to overthrow could be shown, easily enough, to 
transgress a scholastic interpretation of one or another of 
the great guaranties in the bill of rights. They more or less 
limit the liberty of the individual, or they diminish prop- 
erty to a certain extent. We have few scientifically certain 
criteria of legislation, and as it is often difficult to mark 
the line where what is called the police power of the States 
is limited by the Constitution of the United States, judges 
should be slow to read into the latter a nolumus mutare as 
against the law-making power/' 

And then, developing the idea of the Court, he continued : 28 

"It may be said in a general way that the police power 
extends to all the great public needs. (Camfield v. XL S., 
167 U. S. 518.) It may be put forth in aid of what is 
sanctioned by usage, or held by the prevailing morality or 
strong and preponderant opinion to be greatly and imme- 
diately necessary to the public welfare. Among matters of 
that sort probably few would doubt that both usage and 
preponderant opinion give their sanction to enforcing the 
primary conditions of successful commerce. One of these 
conditions at the present time is the possibility of payment 
by checks drawn against bank deposits, to such an extent 
do checks replace currency in daily business. If, then, the 
legislature of the State thinks that the public welfare re- 
quires the measure under consideration, analogy and prin- 
ciple are in favor of the power to enact it." 

What more need be said ? It does not take a prophet nor 
the son of a prophet, it seems to me, to forecast what the 



27 Noble State Bank v. Haskell, 219 U. S. 104, 110. 

28 Noble State Bank v. Haskell, 219 U. S. 104, 111. 



Legal Questions 67 

decision of the Supreme Court of the United States will be 
upon any question that may be brought before it to test the 
constitutionality of land registration. For of all the public 
needs none is greater than the need for revised modern 
methods in dealing with lands. This is true from a socio- 
logical as well as a commercial standpoint. 

SOCIOLOGICAL NEEDS. 

10. The doctrines of the socialists are with them in the 
nature of a cult. This is what makes them really danger- 
ous. This it is which carries them to such extremes and 
arouses a sort of religious fervor soon kindled into obdu- 
rate fanaticism. Mr. Henry George wielded a powerful 
pen, and "Progress and Poverty" is one of the most re- 
markable productions of the nineteenth century. Its in- 
fluence is growing, and its author "though dead, yet 
speaketh" in persuasive tones to an ever-widening audience. 
The climax of the work is contained in these words : 

"We have traced the unequal distribution of wealth 
which is the curse and menace of modern civilization to 
the institution of private property in land." 29 

And the remedy he proposes is this: 

"We must make land common property." 

However much we may differ, both from the premises 
laid down and the conclusion reached by Mr. George, we 
must take note of facts and be prepared to deal not only 
with his abstract theories but with such actual conditions as 
may result therefrom. No real pressure has yet been felt 
to any extent on account of what has been a superabund- 
ance of land. But events are moving swiftly and the time 
for reckoning with dormant forces and latent powers may 
arrive sooner than anticipated. After mature deliberation 

29 Progress and Poverty, p. 295. 



68 The Torrens System 

I hold the opinion that the best and safest way to deal 
with the rising tide of socialism is to make lands, as far 
as possible, negotiable. 

NEGOTIABLE LAND TITLES. 

11. It matters not with what laborious accuracy we may 
marshal facts to contradict the statements made by Mr. 
George and his followers. It matters not with what pre- 
cise logic we may demonstrate the errors of his arguments. 
Hunger and pain and envy and greed and passion are deaf 
to reason. But if acquisition of titles and the commercial 
use of lands be made easy; if men be encouraged to ac- 
quire and hold lands with the freedom that other property 
may be acquired and held; if men be permitted to utilize 
land as a basis of credit as readily as personal property; 
in short, if lands be made practically fluid and negotiable : 
these things will increase the number of land owners, and 
as land owners are multiplied the demand to make land 
common property will be diminished, and the power to do 
so will be weakened. Nothing of a material nature will 
elevate the standards of citizenship more than the general 
ownership of lands; and any law wkh that tendency will 
greatly promote the public welfare. Add to this the fact, 
that title registration encourages traffic in lands to the 
fullest extent, and the argument seems to be complete in 
its favor. 

REAL AND PERSONAL PROPERTY. 

12. And when the matter is calmly considered, why 
should there be such distinctions as now exist in the laws 
governing real and personal property? Is it not due to 
the fact that the public mind, led by bench and bar, has 
been content to accept antique forms without considering 
fundamental principles, and has suffered the transfer of 
lands to be complicated and restricted by the zeal of scriv- 



Legal Questions 69 

eners in perpetuating quaint and traditional instruments 
and methods? Mr. Blackstone speaks of the "art and 
finesse of the Norman lawyers," and after describing the 
"qualities, fruits and consequences" of the feudal tenures, 
declares : 

"A slavery so complicated and so extensive as this, called 
aloud for a remedy in a nation that boasted of its free- 
dom." 30 

LIVERY OF SEISIN. 

13. Of our freedom we are wont to boast, and we fancy 
that our methods of preserving and transferring titles are 
far superior to those of our ancestors. But tell me, did 
not the ancient "livery of seisin" by which title was passed 
by the delivery to the feoffee of a clod or turf or a twig or 
bough from the land, in the presence of witnesses, more 
nearly give to land a negotiable feature than the methods 
now employed by us? The fundamental test of negotia- 
bility is the transfer of title to property by delivery of the 
thing itself, and "livery of seisin" was the transfer of title 
by the typical delivery of the land itself "in the name of 
seisin." The record of our deeds is in no sense a record of 
title, but merely a record of evidences of title, as is well 
known. And do we not deceive ourselves when we fancy 
that the delivery of a deed is delivery of title? What we 
need is an actual delivery of title in every transaction with 
lands, and this can only be accomplished by the registra- 
tion of title. 

BURDENS ON LANDS. 

14. With these ideas in mind, let us ask ourselves is it 
inherently essential that the vendor of land should not be 
able to pass title to his vendee without the intervention of 



2 Bl. Comm. 52. 



70 The Torrens System 

an expert third party? What is there in the nature of 
things about a fifty-dollar piece or parcel of dirt which 
makes it more difficult and expensive to transfer than a 
$5,000 diamond or a $50,000 painting? Why does it take 
longer and cost more to pass title to a one-hundred-dollar 
tract of land than to $10,000 worth of stocks or bonds? 
Much land can be bought for ten, twenty, fifty or one 
hundred dollars an acre: Why should there be so much 
"red tape" and incessant expense about the thing? 

And then let us ask ourselves these questions : Suppose 
the title to every bale of cotton, bushel of grain, or pound 
of tobacco had to be examined before it could be bought, 
what would become of commerce? Suppose the title to 
every stock and bond had to be examined before purchase, 
what would happen to trade? And how would these con- 
ditions affect the market value of goods and securities? 
And how would these conditions affect the banking inter- 
ests, the credit of merchants and farmers, the small cap- 
ital of laborers, and all the relations of business? It is 
not an exaggeration to say: If a small fraction of the 
burdens on lands were imposed on personal property, a 
bloody revolution would be precipitated in less than thirty 
days. 

THE DEMANDS OF COMMEBCE. 

15. "Experience hath shown," said Mr. Blackstone, 
"that property best answers the purposes of civil life, 
especially in commercial countries, when its transfer and 
circulation are totally free and unrestrained." This ut- 
terance, made a century and a half ago, has been echoed 
and re-echoed by succeeding publicists, and every passing 
year has demonstrated its truth. There is no country more 
commercial than America, and none in which there is 
greater need for the free and unrestrained transfer and 



Legal Questions 71 

circulation of land. The demand is beginning to be heard 
from mountain, forest, and valley, and the swelling cry 
bids fair to sound above the booming of the surf on the 
continental confines of our broad domain. Already some 
answer has been given by certain provisions of the Federal 
Eeserve Act of 1913 and the Federal Farm Loan Act of 
1916. But these measures can only afford very partial and 
limited relief, since they do not profess to go to the root 
of the matter. Nothing short of Eegistered Title can give 
to land any of the true attributes of a commercial asset. 
To answer the great public needs we must make land in a 
sense negotiable. And this is done by the Uniform Land 
Registration Act. 



APPENDIX 



UNIFORM LAND 
REGISTRATION ACT 

Chap. 62. — An ACT, to provide for the settlement, registration, 
transfer, and assurance of titles to land, and to establish 
courts of land registration, with jurisdiction for said pur- 
poses, and to make uniform the laws of the States enacting 
the same. 1 (H. B. 102.) 

Approved February 24, 1916. 
Whereas, section one hundred of the Constitution of Virginia 
provides that the general assembly shall have power to establish 
such court or courts of land registration as it may deem proper 
for the administration of any law it may adopt for the purpose 
of the settlement, registration, transfer or assurance of titles to 
land in the State, or any part thereof; and 

1 Illinois and Colorado: "An Act concerning land titles." Massa- 
chusetts and Washington: "An Act relating to the registration and 
confirmation of titles to land." California: "An Act for the certifica- 
tion of land titles and the simplification of the transfer of real estate." 
Minnesota: "An Act concerning the registration of lands and the title 
thereto in the State of Minnesota." Mississippi, North Carolina and 
South Carolina: "An Act to provide for the assurance and registration 
of land titles." Nebraska:, "An Act concerning land titles and pro- 
viding for the adoption by counties of what is commonly called the 
Torrens System of land registration." New York: "An Act in relation 
to registering titles to real property and facilitating and expediting its 
transfer." Ohio: "An Act to provide for the settlement, registration, 
transfer and assurance of land titles and to simplify and facilitate 
transactions in real estate." Oregon: "An Act concerning land titles, 
creating the offices of registrars of titles, prescribing the duties of said 
offices, providing for the registration of title to real estate, prescribing 
the manner in which registration of title may be obtained and the rights 
accruing thereunder." California and Colorado are the only States in 
which the act has been attacked as unconstitutional on account of its 
title. In Robinson v. Kerrigan, 151 Cal. 41 the court said : "The same 
criticism might be made of many acts on a general subject which have 
always been considered as valid. . . . If it were necessary to 
mention every subdivision of the general subject of an act in the title 
to the extent here claimed, our statutes would present a somewhat 
ludicrous appearance. The statement of the subject in the title would 
generally occupy almost as much space as the act itself. Further- 
more, if subjects, as intended by the Constitution, must be so minutely 
subdivided, it would be impracticable to enact any comprehensive law 
on any general subject, by reason of the necessity of dividing it into 
so many separate acts. The provision must receive, and it has re- 
ceived a more liberal construction." The title was therefore held suffi- 
cient. See also People v. Crissman, 41 Colo. 450, holding Colorado 
title sufficient. 



76 The Torrens System 

Whereas, it is now desired to enact a law for said purpose 
and deemed proper to establish the courts hereinafter mentioned 
as courts of land registration for the administration thereof — 

1. Be it enacted by the general assembly of Virginia, as 
follows : 

PART I. 

Preliminary Provisions. 

Section 1. [Name of Act.] This act may be cited as the Uni- 
form Land Registration Act. 

Sec. 2. [Definitions.] Words and phrases used in this act are 
to be construed as follows: 

(1) The words "voluntary transaction" mean all devises and 

all contractual or other acts or dealings, by any regis- 
tered owner of any estate or interest in land with refer- 
ence to such estate or interest, and to any statutory 
right or exemption claimed therein. 

(2) The words "involuntary transaction" mean the transmis- 

sion of registered land or any interest therein by de- 
scent, the rights of curtesy and dower, all equitable 
rights and claims, judicial proceedings or statutory liens 
or charges, the exercise of the right of eminent domain, 
the lien of delinquent taxes and levies, affecting regis- 
tered land, or any interest therein. 

Registration of title has been employed in certain parts of Europe 
from time immemorial. The original act among English-speaking 
peoples was prepared by Sir Robert Richard Torrens, not a lawyer but 
Collector of Customs at Port Adelaide, in South Australia. This act 
took effect in South Australia in 1858. Similar acts were adopted in 
Queensland in 1861, in Victoria, New South Wales and Tasmania 
in 1862, and in New Zealand in 1870. It then crossed the seas to 
British Columbia. They are generally known as "Torrens Acts." The 
system has spread throughout the Dominion of Canada and obtains in 
the Provinces of Manitoba, Saskatchewan and Alberta and in the 
Northwest territories and also in Nova Scotia and in parts of Ontario. 
In the United States it has been adopted by Cal. (Stats. 1897, pp. 138,- 
167) ; Colo. (Laws 1903, pp. 311-352 ; Rev. Stats. 1908, pp. 334,- 
355) ; III. (Laws 1897, pp. 141-165, 207-212, amended by Acts of 
1907, 1909, 1910 and 1913) ; Mass. (Laws 1898, pp. 682-722, amended 
by Acts 1899, 1900, 1903, 1904, 1905 and 1910) ; Minn. (General 
Laws 1901, pp. 348-378, amended 1903 and 1905) ; Miss. (Laws 
1914) ; Neb. (Laws 1915, pp. 492-526) ; N. Y. (Laws 1908, Vol. 2, 
pp. 1247-1283, amended 1909, 1910 and 1916) ; N. C. (Acts 1913, pp. 
147-159); Ohio (Constitution, Art. 2, Sec. 40, amendment of 1913; 
Laws 1913, pp. 914-960, amended 1914) ; Oregon (Gen. Laws 1901, pp. 
438-467) ; S. C. (Acts 1916) ; Va. (Acts 1916, c. 62, p. 70) ; Wash. 
(Session Laws 1907, pp. 693-738) ; Hawaii (Laws 1903, Act 56, 
pp. 273-328) ; Philippine Is. (Compilation Laws 1908, pp. 777-820). 
There have been a series of acts leading up to registration in England 
since 1862, culminating in the Land Transfer Act of 1897. This act 
renders registration of titles compulsory in certain places by order of 
certain local authorities, and the whole of London county and city has 
bees placed under the compulsory order. The London land registry 



Registration Act — Annotated 77 

office is located in a building specially erected for its purposes at a cost 
of $1,325,000. As to the constitutionality of such legislation in the 
United States, see Robinson v. Kerrigan, 151 Cal. 40 ; People v. 
Crissman, 41 Colo. 450 ; People v. Simon, 176 111. 165 ; McMahon 
v. Rowley, 238 111. 31 ; Brooke v. Glos. 243 111. 392 ; Waugh v. Glos, 
246 111. 604 ; Tower v. Glos, 256 111. 121 ; Tyler v. Judges, 175 Mass. 
68 ; do. 179 U. S. 405 ; State v. Westfall, 85 Minn. 437 ; Nat'l Bond 
Co. v. Hopkins, 96 Minn. 119 ; Peters v. Duluth, 119 Minn. 96 ; 
American Land Co. v. Zeiss, 219 U. S. 47 ; Hammond v. Glos, 250 
111. 32. 

Constitutional objections not even noticed by the court, Teninga v. 
Glos, 260 111. 121. 

( 3 ) The phrase "writing, instrument, or record," means all 

transactions, whether voluntary or involuntary, as herein 
denned. 

(4) The word "registrar" means the clerk of the court having 

jurisdiction of the cause within the county or city in 
which the land lies. 

(5) The word "decree" means judgment, decision, order, or 

decree. 

(6) The word "appeal" means writ of error, supersedeas, or 

appeal. 

(7) Except where the context requires a different construc- 

tion, the word "court" means the court having jurisdic- 
tion for the settlement, registration, transfer and 
assurance of titles to lands in the county or city where 
the land lies. 2 
Sec. 3. [Purposes.] For the certain, cheaper, and more speedy 
settlement, registration, transfer and assurance of titles to land, 
there is hereby established a system of land title registration, 
having the following purposes in detail: 

(1) To establish or designate courts of land registration; 

(2) To provide for the appointment and duties of registrars 

of title; 

(3) To regulate proceedings to obtain registration of title; 

(4) To authorize the adjudication of title; 

(5) To prescribe the nature of certificates of title; 

(6) To provide for the registration of subsequent dealings 

with registered titles; 

(7) To regulate sundry proceedings after registration of title; 

(8) To determine the legal effects of registration of title; 

(9) To establish an assurance fund; 

(10) And to regulate the fees for registration of titles. 

2 The definitions given in this section materially aid in reducing the 
length of the act. None of the State acts contain any definitions, but 
this feature obtains in the Australian and Canadian acts and is believed 
to be of value. 



78 The Torrens System 

PAET II. 

Couets of Land Registration. 

Sec. 4. [Courts of Land Registration.] The circuit 3 courts 
for the counties, and city courts in the clerks' offices of which 
deeds are registered, for the cities, except for such counties and 
cities for which special courts of land registration shall be es- 
tablished, and such special courts of land registration as shall 
be established for any city and county or counties throughout 
those portions of the State specified in section eighty-nine of 
this act, and in those portions of the State which shall so elect 
as provided in said section, are hereby constituted or designated 
courts of land registration for the purpose of the settlement, 
registration, transfer and assurance of titles to lands within 
their respective jurisdictions. 

111. §15. N. Y. §371. 

Minn. §3379. Ohio §1. 

Miss. §1. Ore. §14. 

Neb. §15. S. C. §1. 

N. C. §1. Wash. §8. 

Sec. 5. [Jurisdiction.] Such courts shall have exclusive, orig- 
inal, and general jurisdiction, 4 subject to the right of appeal 
hereinafter allowed. 

( 1 ) Of all petitions 5 and proceedings for the registration of 
titles to lands, 

8 Superior Court: Cal., N. C, Wash. District Court: Colo., Neb. 
and Minn. Chancery Court : 111. and Miss. Supreme Court : N. Y. 
Common Pleas Court: Ohio and S. C. Circuit Court: Ore. Land 
Court: Mass. . One of the crowning excellencies of the Mass. act is the 
establishment of a special court for registering titles. This has done 
much to make the Mass. act popular and effective. Wherever it is 
possible, administration of the act should be committed to a special 
court. It is only on account of the cost of conducting such a court that 
it is not suggested in this act. The Ohio act, sec. 1, provides : "In 
counties having three or more common pleas judges said judges may 
select one or more of their number who shall act as judge or judges in 
land registration cases and matters." This affords the best substitute 
for a special court. 

4 Pendency of registration proceedings precludes the right of any 
defendant to bring another suit of any sort for the determination of his 
rights in the property involved. Any subsequent action by a party to 
determine adverse claims must be abated. Seeger v. Young, 127 
Minn. 416. 

6 People v. Crissman, 41 Colo. 450. Replying to the objection that 
no judgment or decree can be rendered or entered, in favor of a de- 
fendant, regardless of the showing he may make, the court said : 
"The act does accord to all persons equal rights and privileges. Any- 
one desiring to avail himself of its terms can do so by filling his appli- 
cation, and can obtain the registration of his title by complying with 
the requirements of the statute. Although the legislature has seen fit 
to allow affirmative relief only to the applicant who initiates the pro- 
ceedings, this does not render the proceedings objectionable for the 
reason assigned. The right to a particular remedy is not a vested 
right. Every State has complete control over the remedies which it 
offers to suitors in its courts." 



Registration Act — Annotated 79 

(2) And of all transactions affecting registered titles to lands 
lying within their respective jurisdictions. 

Sec. 6. [Powers.] Their powers shall include all the powers 
possessed by the circuit and corporation courts of the State, in 
law and equity, for the purpose of enforcing any of the provisions 
of this act. 

Sec. 7. [Sessions.] They shall be open as courts of land 
registration, except on Sundays and legal holidays; and their 
process as such may be issued at any time, returnable as they may 
direct. 

Sec. 8. [Mode of Trial.] The whole matter of law and fact 6 
in any case shall be heard and determined by the court; provided, 
however, that, on the motion of any person interested, the court 
shall direct and frame an issue or issues to be tried by jury. 7 

Cal. §14, 17, 110. N. C. §2, 8, 31. 

Colo. §5, 8, 23-6. N. Y. §371, 390. 

111. §15, 25. Ohio §1, 19, 94, 95. 

Mass. §1, 9, 13, 48. Ore. §14, 24. 

Minn. §3379, 3406, 3388. S. C. §2, 8, 31. 

Miss. §2, 8. Wash. §5, 8, 23-6. 
Neb. §15, 25. 

6 Jury trial is provided for by the acts of Mass., Miss., N. C, 8. C, 
and New York. No jury trial is provided by the acts of Cal., Colo., III., 
Minn., Neb., Ohio, Ore., and Washington. In Peters v. Duluth, 119 Minn. 
96, held: that Torrens laws have the general purpose to clear up and 
settle land tiles, and are nothing more or less than an enlargement of 
remedy to quiet title. Hence there is no constitutional right to a jury 
trial in Minn, under Art. 1, sec. 4, which says : "The right of trial by 
jury shall remain inviolate, and shall extend to all cases of law with- 
out regard to the amount in controversy." The court said : "There was 
no such right upon the ancient bill to remove cloud and quiet title, and 
it has been held in this State that the constitutional guaranty does not 
apply thereto." Yanish v. Pioneer Co., 64 Minn. 175. 

Foss v. Atkins, 201 Mass. 158 ; Facts found by Land Court become 
final upon dismissal of appeal to Superior Court. Marvel v. Cobb, 204 
Mass. 117 : Finding of facts by Land Court cannot be revised by 
Supreme Court. Id. Gorton v. Tolman, 210 Mass. 402. Findings of 
fact by Land Court when no trial by jury is claimed are conclusive. 
Van Ness v. Boiney, 214 Mass. 340 ; Curtis v. Brown 219 Mass. 157 ; 
Habib v. Evans, 222 Mass. 480. 

7 Issues must be framed in Land Court for appeal. McQuesten v. 
Atty.-Gen., 187 Mass. 185. Issues for jury trial may be amended by 
Superior Court, Luce v. Parsons, 192 Mass. 8 ; Foss v. Atkins, 193 
Mass. 486. The judge of Land Court may refuse to certify immaterial 
issue for appeal. Dunbar v. Kronmuller, 198 Mass. 591. The court 
has no right to refuse jury trial when title to land is in issue. Weeks 
v. Brooks, 205 Mass. 458. Torrens laws have the general purpose to 
clear up and settle land titles, and are nothing more or less than an 
enlargement of the remedy to quiet title. Hence there is no constitu- 
tional right to a jury trial in Minnesota. Peters v. Duluth, 119 
Minn. 96. On appeal petitioner for registration has the right to open 
and conclude before the jury. Bigelow v. Wiggin, 209 Mass. 542. 



80 The Torrens System 

Sec. 9. [Proceedings to be in rem.] The proceedings under 
any petition for the registration of land, and all proceedings or 
transactions in relation to registered land, shall be proceedings 
in rem 8 against the land, and the decrees of the court and regis- 
tered transactions shall operate directly on the land, and shall 
vest and establish title thereto in accordance with the provisions 
of this act. 

Sec. 10. [Rules of Court.] The Supreme Court of Appeals 
shall, from time to time, make general rules and forms 9 for 
procedure, subject to the provisions of this act and the general 
laws, and such rules and forms shall be uniform throughout the 
State. 

Sec. 11. [Petitions for Rehearing, Appeals, and Bills of Re- 
view.] A petition for rehearing or an appeal 10 may be taken, 
or a bill of review or bill of exceptions, or writ of certiorari may 
be filed, within ninety days, 11 and not afterwards, from any 
decree of the court, under the same circumstances, in the same 
manner and on the same condition as if such decree had been 
rendered by a circuit court. 



8 The provisions fixing the character of the pi'oceedings in rem are 
vital and are found in all the acts in practically the same terms. 

9 As to the preparation of rules and forms, Cal. places this duty on 
the Attorney-General, State Controller and Secretary of State ; Mass. 
on the Land Court ; Minn, permits each court to adopt general forms. 
In N. C. and S. C. forms and rules are to be made by Attorney-General, 
with approval of Supreme Court. In New York each Registrar must 
provide a book of covenants, restrictions and forms. Sec. 408. In 
Ohio the Attorney-General is to prepare a uniform system of books and 
forms. 

10 Appeal for $2.46 of taxes paid by holder of tax title — and reversal. 
Stallings v. Glos, 271 111. 201. Defendants interested only in lot de- 
scribed in amended application, cannot raise question whether all the 
lots described in original petition were contiguous, or substantially of 
the same chain of title. Schiessle v. Glos, 271 111. 374. A legatee of 
money has no interest in testator's land and no right to appeal as an 
"aggrieved party." Waban v. Hall, 218 Mass. 538. Appeal dismissed 
because no ruling of law appears to have been made. Mitchell v . Cobb, 
220 Mass. 60. 

11 This section is in effect a ninety-day statute of limitations. Tyler 
v. Judges, 175 Mass. 68 ; Cal. limitations 5 years ; Colo, and Wash. 90 
days ; III., Neb. and Ore. 2 year ; Minn, and N. Y. 6 months ; Mass. and 
Ohio 30 days. Limitations of 60 days not unconstitutional. State v. 
Westfall, 85 Minn. 437. Illinois limitation good. People v. Simon, 
176 111. 165. In North Carolina an appeal may be taken "as in other 
special proceedings ;" in South Carolina "as is now provided by law" ; 
and in Mississippi "as in other cases." But in these States the bars 
seem to be wholly let down by another provision permitting an adverse 
claim existing at initial registry to be filed at any time thereafter, and 
requiring action thereon to be brought within six months after the entry 
of such claim, unless the clerk for cause shall extend the time. In 
practice, registration of title is only resorted to for business reasons 
and purposes. Business demands clear and quick and certain results. 
A long statute of limitation must destroy the usefulness of any regis- 
tration act. The two-year limitation has been one of the greatest 
handicaps in Illinois. The five-year limitation in California has been 
one of the reasons preventing any general resort to that act. 



Registration Act — Annotated 81 

Said period may not be extended by any disability. 

Oal. §45. Ore. §25, 26, 27. 

Colo. §27, 28, 29. Wash. §27-29. 

111. §26, 27, 28. Mass. §13, 15. 

Minn. §3394, 3396-7. Miss. §8, 25. 

Neb. §26, 27, 28. K C. §8, 25. 

N. Y. §380, 392. S. C. §8, 25. 
Ohio §25, 80. 

Sec. 12. [Books and Cases for Records.] It shall be the duty 
of the Supervisors of each county and the council of each city in 
which the office of a registrar of titles may be located to provide 
appropriate cases and other furniture for the safe and convenient 
keeping of all the books, documents and papers in the custody of 
such registrar, and also an official seal, and all necessary books 
and such printed blanks and stationery for use in registration in 
such county or corporation as may be ordered by the court. 

Cal. §109. N. Y. §376. 

Ohio §91. 
Sec. 13. [Court May be Held by Designated Judge.] If the 
judge of the court, for any reason shall become disqualified or 
temporarily incapacitated, the court may be held by any other 
judge of a court of record designated according to law. 

Ohio §1. 

PAET III. 

Registrars and Examinees of Titles. 

Sec. 14. [Clerks to be Registrars of Title.] The clerks 12 of 
said courts shall be registrars of title under this act. 

( 1 ) They shall do all things required of them by this act, 
under the direction 13 of their respective courts, and 
pursuant to rules and regulations established for such 
courts, and shall be governed by the same general laws 
as clerks of circuit and city courts in so far as the same 
may be applicable. 

12 The act creates no new office. "It was clearly within the provi- 
sions of the legislature to impose upon the clerk in his capacity of 
Recorder of Deeds the duties enjoined upon him by this statute. 
Making him registrar of titles, does not constitute him a new county 
officer." People v. Crissman, 41 Colo. 450. 

13 Under this provision registration is the act of the court. Tyler v. 
Judges, 175 Mass. 68. See also People v. Simon, 176 111. 165 and 
State v. Westfall, 85 Minn. 437. Fierce battles have raged over the 
duties of registrars. The first Illinois act of 1895 was successfully 
assailed and declared unconstitutional because it conferred judicial 
powers on the registrars. People v. Chase, 165 111. 526 ; and the same 



82 The Torrens System 

(2) Their official designation under this act shall be regis- 

trar of title for their respective counties or cities. 

(3) They shall qualify and give bond in accordance with law 

for the faithful performance of their duties as such. 

Cal. §1, 4. Neb. §1. 

Colo. §9. N. Y. §372, 406. 

111. §1. Ohio §1, 2. 

Mass. §8, 73. Ore. §1. 

Minn. §3398, 3400. Wash. §9. 

Sec. 15. [Duties and Powers of Eegistrars of Title.] Regis- 
trars of title and their deputies shall be authorized and required, 
under the direction of their respective courts: 

( 1 ) To issue process and to enter the decree of the court 

touching lands in their respective counties or cities; 

(2) To enter and issue certificates of title as provided herein; 

(3) To affix the seal of the court to such certificates and their 

duplicates ; 

(4) To make entries and memoranda and perform all acts of 

registration affecting the title to such lands; 

(5) To keep a separate account of all moneys with which they 

may be chargeable under this act, and to make a special 
return thereof in accordance with the general laws and 
the special provisions of this act. 

(6) And generally to perform such other acts as the court 

may prescribe. 

Cal. §1, 4. Neb. §2, 3, 6, 29. 

Colo. §9, 10, 11. N. Y. §373-4. 

111. §2, 3, 6, 29. Ohio §2. 

Mass. §8. Ore. §2. 

Minn. §3399, 3401. Wash. §9, 10, 11. 

Sec. 16. [Examiners of Titles.] The courts of land registra- 
tion shall appoint, 14 subject to removal at any time, one or more 
attorneys at law in their respective counties or cities, to be 

fate befell the first Ohio act of 1897. State v. Guilbert, 56 Ohio St. 
575. Subsequent acts have, however, been upheld over such objections. 
To avoid any difficulty or doubt in this regard Art. II of the Constitu- 
tion of Ohio has been amended by the addition of Section 40 for the 
establishment of a land registration system and especially providing 
that "Judicial powers with right of appeal may by law be conferred 
upon county recorders or other officers in matters arising under the 
operations of such system." The provisions of the above section are 
believed to be sufficient to avoid any constitutional question. 

14 Cal. : Referee appointed by court in each case ; $10,000 bond. 
Colo, and Wash. : one attorney in each county appointed by court ; 
bond. III., Neb. and Ore. : two or more attorneys appointed by registrar 
in each county ; bond fixed by court. Mass. : one or more attorneys in 



Registration Act — Annotated 83 

examiners 15 of titles, or the court shall, in any case on motion, 
appoint special examiners; provided, that in no case shall the 
petitioner's attorney or attorneys be designated or permitted to 
act as examiner or examiners of title. 

(2) Their duty shall be to search the records and investigate 

all facts stated in the petition or otherwise brought to 
their notice in any case referred to them. 

(3) They shall have the powers of commissioners in chancery 

and may hear the parties and receive evidence. 16 

(4) They shall make report to the court, in the form re- 

quired by it, with a certificate of their examination of 

the title and their findings of fact. 

Cal. §16, 18, 19. N. C. §3. 

Colo. §13, 24. N. Y. §377, 380. 

111. §5. Ohio §3. 

Mass. §11. Ore. §5. 

Minn. §3381. S. C. §3. 

Miss. §3. Wash. §13, 24. 
Neb. §5. 

PART IV. 

Proceedings to Obtain Registration. 

Sec. 17. [Petition for Registration.] Suit for registration of 
title shall be begun by a petition 1T to the court, by a person or 
persons claiming, singly or collectively, 

each county appointed by judge ; removal by Supreme Judicial Court. 
Minn. : one or more attorneys appointed by judges ; no provision for 
removal. Miss., N. C. and S. C. : three attorneys in each county ap- 
pointed by clerk for two years ; removal at will of clerk or court. 
N. Y. : Attorneys or corporation authorized to guarantee or insure 
titles qualified under rules of Court of Appeals ; bond fixed by court. 
Ohio : one or more attorneys appointed by court : bond $1,000 to 
$10,000. 

15 Examiners of title not county officers but court officers. State v. 
Westfall, 85 Minn. 437. Examiner acts as a master in chancery. Gage 
v. Consumers' Co., 194 111. 30. 

16 Objections to testimony must be made before examiner of titles. 
O'Laughlin v. Covell, 222 111. 162. Examiner must not make ex parte 
examinations of abstracts and other evidence of title. Glos v. Grant 
Bldg. Assn., 229 111. 387. Objections to admissibility of evidence before 
examiner must be made at the time it is offered, or will otherwise be 
excluded. Exceptions to examiner's report must not be general but 
specific, and must point out the evidence objected to and give reasons 
for the objections. Bjork v. Glos, 256 111. 447. 

1T Complaint in action for registration need not set out the statute. 
It is sufficient to plead facts showing the right to registration. Duffy 
v. Shirden ; 139 N. Y. App. Div. 755. Applicant for registration must 
prove fee simple title either by the production of a regular chain of 
conveyances from the general government, or by proof of the creation 
of a title by adverse, open, continuous and hostile possession under 
claim of title for the period of twenty years, or by the acquisition of 
a good tax title. Glos v. Kingman, 207 111. 26 ; Glos v. Holberg, 220 



84 The Torrens System 

( 1 ) To own, 

(2) Or to have the power of appointing or disposing of, an 

estate in fee simple in any land 18 whether subject to 
liens or not. 

Cal. §5, 8, 9. K C. §4, 5. 

Colo. §1-3, 5, 6, 66. N. Y. §370, 378. 

111. §7-10, 12. Ohio §4-7, 90. 

Mass. §18. Ore. §5-8, 11. 

Minn. §3372-3, 3377. S. C. §4, 5. 

Miss. §4, 5. Wash. §1-3, 5, 6, 65. 

Neb. §7-10, 12. 

Sec. 18. [Petition by Representative.] Infants and other 
persons under disability may sue and defend by guardian, next 
friend, guardian ad litem, committee, or trustee, as the case may 
be, and corporations by an officer duly authorized. 

(2) But the person in whose behalf the petition is made shall 
always be named as petitioner. 

111. 167. It is not incumbent on applicant to affirmatively estab- 
lish the invalidity of tax deeds held by parties defendant. McMahon v. 
Rowley, 238 111. 31. The filing of application for registration stops the 
running of statute limitations and prevents holder of tax title from 
mending his hold. Woods v. Glos, 257 111. 125. Any "owner" of land, 
whether his title be of record or not, may maintain proceedings for 
registration. A case in which title under an unrecorded deed was 
registered. National Bond Co. v. Alderson, 99 Minn. 137. A party not 
in possession may bring suit for registration of title against party in. 
possession. "The purpose of the statute is to provide a speedy and 
summary remedy to clear up title to land. Reed v. Siddall, 94 Minn. 
216. The remedy provided is not a substitute for an action of eject- 
ment. . . . Moreover, the relief in ejectment is not co-exten- 
sive with that which may be had upon an application to register 
it needs no argument to show that a title could never, in 
ejectment, be settled as against the whole world, as can be done in an 
application to register." The several pieces of land must form one 
compact body or must have the identical chain of title ; must not be in 
different blocks separated by a street, nor in the same block separated 
by other lots owned by others. Culver v. Waters, 248 111. 163. 

Objections to registration, by holder of tax title, overruled, provision 
being made to reimburse him for taxes paid by him. Loehde v. Glos, 

265 111. 401. Objections to registration by holder of tax titles over- 
ruled. Teninga v. Glos, 266 111. 94. Application for initial registration 
must show title against all the world. Teninga, Receiver, v. Glos, 

266 111. 94. The act authorizing registration is not a substitute for a 
bill in equity to remove a cloud from title, and only authorizes initial 
registration of a title good against everyone. Glos v. Kingman, 207 111. 
26 ; Teninga, Receiver, v. Glos, 266 111. 94 ; Teninga v. Glos, 266 
111. 121. Title by adverse possession under color, registered without 
regard to whether claimant can trace back to government by an un- 
broken chain. Goetz v. Glos, 266 111. 238. Several tracts with sub- 
stantially the same chain of title may be registered in one proceeding. 
Gibson v. Glos, 271 111. 368. 

18 In some States renewable lease-hold estates for long terms are in 
common use and often constitute a title practically equivalent to the 
fee. In Virginia such conditions are not common, and registration is 
limited to fee simple estates. 



Registration Act — Annotated 85 

(3) A non-resident petitioner shall appoint a resident agent 
upon whom process and notice may be served. 

Sec. 19. [Equity Practice.] Except 19 as otherwise provided, 
the suit shall be subject to the general rules of pleading and 
practice in equitable actions. 

Sec. 20. [Signature and Oath to Petition.] The petition and 
any amendment thereto shall be signed and sworn to by each 
petitioner, or in the case of a corporation or person under dis- 
ability by the person filing the petition. 

Sec. 21. [Contents of Petition.] The petition shall set forth 

(1) A full description of the land, and any improvements 

thereon, with the description and valuation in its last 
assessment for taxation; 

(2) When, how, and from whom it was acquired; 

( 3 ) Whether or not it is occupied ; 20 

( 4 ) An enumeration of all known 21 liens, interests, and claims, 

adverse or otherwise, vested or contingent. 

(5) And the full names and addresses, 22 if known, of all 

persons that may be interested by marriage or other- 
wise, including occupants and adjoining 23 owners. 

19 Procedure under the act is same as in chancery practice unless as 
otherwise provided. O'Laughlin v. Covell, 222 111. 162. "All rules and 
principles of law applicable to equitable actions and proceedings, and 
rules of practice with respect to trial, introduction of evidence, findings 
and order of judgment should so far as not clearly inappropriate or 
otherwise provided for by the act, be followed and applied." Owsley v. 
Johnson, 95 Minn. 168. It is well settled that proceedings to register 
title to land are of an equitable nature. Brown v. Haggadorn, 119 
Minn. 491 ; Amundson v. Glos, 271 111. 209. 

20 If applicant alleges lot is unoccupied, he must prove it, otherwise 
title cannot be registered. Jackson v. Glos, 243 111. 280. Title cannot 
be registered without proof of occupancy or vacancy. Brooke v. Glos, 
243 111. 392 ; Mihalik v. Glos, 247 111. 597 ; Strebel v. Glos, 271 111. 
65 ; Miller v. Glos, 271 111. 285. Is "occupancy" equivalent to "posses- 
sion"? Miller v. Glos, supra; Harts v. Glos, 271 111. 376; Foulkes v. 
Glos, 272 111. 364; Harty v. Glos, 272 111. 395. 

21 If applicant asks for tax deed to 1 vigintilionth of the lot to be 
set aside as a cloud on the title, he must reimburse tax-holders. Jack- 
son v. Glos, 243 111. 280. 

Applicant for registration not chargeable with constructive notice of 
any encumbrance not in his chain of title. Tomczak v. Bergman, 269 
111. 330. 

22 Street address of applicants should be given, but may be supplied 
later. Creger v. Spitzer, 244 III. 208. 

28 An abutting owner claiming interest in land to be registered can- 
not attack constitutionality of act, nor can he plead that complaint fails 
to state a cause of action ; and if not shown by examiner's report to 
have any interest in tract to be registered and not designated by order 
of court as a party to be served, he is not a necessary party ; if made 
a party by complainant, it is subject to demurrer. Duffy v. Shirden, 
139 N. Y. App. Div. 755. 



86 The Torrens System 

(6) The petition shall be accompanied by a plan made in 
accordance with the rules of court. 

Cal. §6. N. C. §5. 

Colo. §4. N. Y. §379, 384. 

111. §11, 14, 16. Ohio §8, 10, 11. 

Mass. §20. Ore. §9, 12, 13. 

Minn. §3374, 3375, 3378. S. C. §5. 

Miss. §5. Wash. §4. 

Neb. §11, 14, 16. 
Sec. 22. [Petition to be Filed and Docketed.] The petition 
shall be filed Math the registrar of titles, and shall be forthwith 
docketed, numbered and indexed by him in a book to be^ known 
as the land registration docket of his county or city. 

Sec. 23. [Notice of Lis Pendens.'] The registrar shall also 
forthwith cause to be recorded and indexed in the proper record 
book of such county or city a notice, such as is required by law 
for notice of lis pendens, which shall be filed with the petition, 
and which shall have the full force and effect of a notice of lis 
pendens. 

Sec. 24. [Memorandum of Other Papers.] A memorandum 
of all other pleadings and papers filed with said registrar shall in 
each case be entered upon his registration docket under the proper 
number as aforesaid, and the papers in the cause and all writings, 
instruments and records filed with him shall be safely kept by 
him in his office, duly numbered, dated, and indexed. 

Cal. §11. Neb. §16, 7. 

Colo, §15, 16, 43. N. Y. §370, 382. 

111. §16, 17. Ohio §7, 36, 38, 92. 

Mass. §12, 48. Ore. §15, 16. 

Minn. §3380. Wash. §15, 16, 42. 

Sec. 25. [Reference to Examiner of Titles.] Upon the filing 24 

24 In Miss., N. C. and S. C. no reference is made to the examiner 
until after the publication of notice and service of process. In other 
States reference is made as soon as the application or petition is filed. 
In Illinois, however, the examiner does not report until after expiration 
of the time specified in the order of publication for the appearance of 
defendants, and until opportunity is given them to contest the rights 
of the applicant. An abstract of title is required to be filed in Missis- 
sippi, North Carolina and South Carolina. In other States the ex- 
aminer is required to report his opinion, and sometimes to report the 
fact on which it is based. Such a report as is contemplated by this 
section will probably disclose the name and addresses of all persons 
having any interest in or claim against the land. If any should be 
omitted or overlooked, they will be discovered under subsequent pro- 
ceedings. In New York an examiner's certificate must accompany the 
complaint, and it is for the court to decide whether that is sufficient. 
It seems better to have an impartial examiner appointed by the court. 
As he has the powers of a master in chancery, he can compel the testi- 
mony of witnesses. He is required to make a report with full extracts 
from the records, so that the court can judge for itself of the condi- 
tion of the title. 



Registration Act — Annotated 87 

of a petition for the registration of any land, the court shall 
refer the same to one of the examiners of title provided for by 
the act, to examine and report thereon. 

Sec. 26. [Report of Examiner.] Such report 25 shall include: 

(1) An abstract of title to the land, made from the records 

and all other evidence 26 that can be reasonably obtained 
by the examiner; 

(2) Full extracts from the records to enable the court to 

decide the questions involved; 

(3) The names and addresses so far as ascertained of all 

persons interested in the land, as well as occupants and 
adjoining owners, showing their several interests, and 
indicating upon whom 27 and in what manner process 
should be served or notice given in accordance with the 
provisions of this act. 

Cal. §6, 18, 19. N. C. §8. 

Colo. §17, 24. N. Y. §380. 

111. §18. Ohio §13. 

Mass. §29. Ore. §17. 

Minn. §3382. S. CI §8. 

Miss. §8. Wash. §17. 24. 
Neb. §18. 

25 It will be presumed that the examiner considered only competent 
evidence in making his findings, if the report contains sufficient com- 
petent testimony to support such findings. McMahon v. Rowley, 238 
111. 31. Substance of proofs need only be reported by examiner, unless 
otherwise required by some party. If evidence be not returned, party 
complaining should ask trial judge for rule on examiner. Creger v. 
Spitzer, 244 111. 208. Procedure where examiner fails to report evi- 
dence on request. Harmless errors not regarded. Mundt v. Glos, 246 
111. 636. If no exception be taken to report of examiner, it is conclu- 
sive. Kenney v. Glos, 258 111. 555. Exceptions to master's report ; 
practice on appeal. Welsh v. Briggs, 204 Mass. 540. 

Report of examiner, based on copy of abstract of title, sustained. 
Loehde v. Glos, 265 111. 401; Wilson v. Glos, 266 111. 504; Walther 
v. Glos, 270 111. 390 ; Bonner v. Glos, 270 111. 567 ; Harty v. Glos, 272 
111. 395. Court may act on evidence taken by an examiner though he 
dies before returning it. Amunsden v. Glos, 271 111. 209. 

The position of examiner under this law is one of high responsibility. 
Unless the examiner performs his duties fully and thoroughly, the 
court is liable to be misled to the substantial prejudice of some prop- 
erty owner. Shevlin v. Fogarty, 133 Minn. 456. 

26 Objections to evidence must be made by exceptions to examiner's 
report Gage v. Consumer's Co., 194 111. 30. Rules for objections to 
examiner's report. Glos v. Hobane, 212 111. 222 ; Glos v. Holberg, 220 
111. 167. 

27 If State holds tax liens, it should be made a party. Nat'l Bond Co. 
v. Hopkins, 96 Minn. 119. Persons whose claims are barred are not 
necessary parties. O'Laughlin v. Covell, 222 111. 162. Court cannot 
disregard examiner's report nor decline to make defendant any party 
whom the examiner finds to have such an interest as to require that he 
shall be so named. Registration is void against any such party and 
his privies not made parties. Dewey v. Kimball, 89 Minn. 454. 



88 The Torrens System 

Sec. 27. [ Order of Publication in Rem.] Upon the filing of 
the report of the examiner of titles, the court shall cause notice 28 
thereof to all persons shown therein to be entitled to the same, 
and "to all whom it may concern," to be published, and to be 
posted in the county or city where the land lies, in the same 
manner and with the same effect as an order of publication in 
other proceedings in rem, subject, however, to the limitation im- 
posed by section eleven of this act. 

Cal. §13. N. C. §6, 7. 

Colo. §17, 19, 20. N. Y. §385-6. 

111. §20. Ohio §14. 

Mass. §30. Ore. §19. 

Minn. §3383-4. S. C. §6, 7. 

Miss. §6, 7. Wash. §17, 19, 20. 

Neb. §20. 

Sec. 28. [Notice by Mail.] A copy of the order of publication 
shall in all cases be mailed by registered letter demanding a 
return, to every person interested, named in the petition or in the 
report of the examiner of titles whose address is given or known. 

Sec. 29. [Notice by Posting on Land.] The court shall also 
cause an attested copy of said order to be posted in a conspicu- 
ous place by the sheriff on each parcel of land included in the 
petition. 

It shall require such sheriff to go upon the lands and ascertain 
and report to court the names and addresses of any person, or 
persons, actually occupying the premises. 

Sec. 30. [Notice to State.] If the petition involves the deter- 
mination of any public rights or interests, the court shall cause a 
copy of the order of publication to be delivered by the registrar 
to the proper attorney for the State, county or city. 

Sec. 31. [Other Notice.] The court may cause other or 
further notice to be given in such manner and to such person as 
it may deem proper. 

And such personal service of process as is required in equitable 
actions shall also be made upon residents of the State, not under 

28 When application omits names of parties holding easements, but 
examiner's report gives names and recommends that they be made 
parties, if not made parties the registration is void and subject to 
collateral attack on account of constructive fraud. Riley v. Pearson, 
120 Minn. 210. Title by registration under the Torrens Act of Colo- 
rado, by order of publication, is good against a resident of New York. 
Hunt v. Hay, 214 N. Y. 578. 



Registration Act — Annotated 89 

disability, who are made known 29 to the court before final decree 
and can be reached by its process, unless such service be waived 30 
by appearance or otherwise. 

Sec. 32. [Effect of Notice.] Notice 31 given under the preced- 
ing sections shall be in lieu of personal service of process, except 
as provided in section thirty-one, and shall be conclusive and 
binding on all the world. 

Cal. §13. N. C. §6. 

Colo. 820a. N. Y. §385-7. 

111. §19, 21. Ohio §15. 

Mass. §31. Ore. §18, 20. 

Minn. §3384. S. C. §6. 

Miss. §6. Wash. §20a. 
Neb. §19, 21. 

Sec. 33. [Certificate of Service.] Certificates from the regis- 
trar and sheriff, or their deputies, showing the due execution of 

29 When a name of a claimant is known to applicant, he must be 
summoned and an order of publication does not bind him. "As he is 
not an 'unknown party' the concealment of his claim is a fraud on the 
court, and the decree therein is as to him of no force and effect." 
Baart v. Martin, 99 Minn. 197. Failure to republish notice after 
amendment of description of lots in application is not fatal, where all 
parties having or claiming to have any interest in the lots were per- 
sonally served by summons or entered their appearance in writing. 
Tower v. Glos, 256 111. 121. If written consent be given to application 
for registration, no summons against such party is necessary, nor that 
he be given an opportunity to be heard. He cannot appeal. Such 
written consent need not be acknowledged before a notary, and it is 
immaterial whether the statute expressly provides for such consent. 
Mooney v. Valentynovicz, 262 111. 355. 

Defendant served with process cannot complain because others were 
not properly served by publication or otherwise. McDonnell v. Glos, 
266 111. 504 ; Finn v. Glos, 268 111. 350 ; Gibson v. Glos, 271 111. 36S. 

30 Consent of persons other than husband and wife, under 111. Act, 
§13, need not be acknowledged. Teninga, Receiver, v. Glos, 266 111. 94. 

31 This statute changed the rule of law as to notice, but the legisla- 
ture has the right to do this, without violating the Constitution. 
"Even if the proper construction of the provision were that it attempted 
to authorize judgment against a resident notified only by publication, 
yet the law can be given practical effect, in which event only the parti- 
cular provision would fail, and not the whole law." People v. Simon, 
176 111. 165. By Section 31 service of process is required to be made 
on all known residents interested. In delivering the opinion of the 
court in the suit of Tyler v. Judges. 175 Mass. 68, Chief Justice Holmes 
said : "I am free to confess, however, that with the rest of my 
brethren, I think the act ought to be amended in the direction of still 
further precautions to secure actual notice before a decree is entered, 
and that, if it is not amended, the judges of the court ought to do 
all that is in their power to satisfy themselves that there has been no 
failure in this regard before they admit a title to registration." Act- 
ing on this suggestion the Massachusetts act was amended in 1898 and 
in 1900 to this effect: "The court shall, so far as it considers it 
possible, require proof of actual notice to all adjoining owners, and to 
all persons who appear to have any interest in or claim to the land 
included in the application. Notice to such person by mail shall be by 
registered letter." In this section we have gone even further to meet 
all objections and to insure as far as possible the discovery and notifi- 
cation of all possible claimants. 



90 The Torrens System 

said order of publication and the mailing and posting of copies 
thereof, as required by sections twenty-seven to thirty, inclusive, 
shall be filed among the papers in the cause and be conclusive 32 
proof of such service 

Colo. §20a. N. Y. §387-8. 

Mass. §31, 32. Ohio §16. 

Miss. §7. S. C. §7. 

K C. §7. Wash. §20a. 

Sec. 34. [Time of Hearing.] After the expiration of at least 
fifteen days from the publication and posting of said order of 
publication as aforesaid, the cause shall be set down for hearing. 

Sec. 35. [Guardian ad Litem.] And thereupon the court shall 
appoint some discreet and competent attorney at law of the 
county or city in which the land lies, as guardian ofZ litem for all 
persons under disability, not in being, unascertained, unknown, 
or out of the State, who may have or appear to have an interest 
in or claim against the land. 

Sec. 36. [Answer to Petition.] Any person having any in- 
terest in or claim against the land, whether named in the petition 
and order of publication or not, may appear and file an answer at 
any 33 time before final decree. 

Sec. 37. [Signature and Oath to Answer.] The answer shall 
be personally signed and sworn to, by the claimant, or in case of 
a corporation or a person under disability, by the person author- 
ized to file the answer, unless the court, for good cause shown, 
otherwise direct. 



PAKT V. 

Adjudication of Title. 
Sec. 38. [Action on Report of Examiner of Titles.] After the 
expiration of the time as provided by section thirty-four, the 

32 "The Torrens System of registration of land titles is different 
from the prevalent method of recording ; the manner of bringing lands 
under such system must be provided by statute ; the proceeding is of a 
different nature from an ordinary action at law or suit in chancery ; 
and we cannot say that the legislature acted unreasonably in providing 
for a rule of evidence applicable to the proceeding without extending 
it to all other forms of action in which the title of real estate is in- 
volved." Waugh v. Glos, 246 111. 604. 

83 The Colorado and other acts having special provisions on this sub- 
ject provide that an answer may be filed within the time named in the 
summons "or within such further time as may be allowed by the 
court." It is fairer and better to allow an answer at any time before 
final decree. 



Registration Act — Annotated 91 

court may proceed to take such action as may be proper, 84 upon 
the report of the examiner of titles and all other evidence before 
it with reference to the rights 35 of all persons appearing to have 
any interest in or claim against the land, and may refer the 
cause again or require further proof. 

Cal. §14, 18. Neb. §23, 24. 

Colo. §18, 23, 25. N. C. §8. 

111. §23, 24. Ohio §18, 19. 

Mass. §36. Ore. §23, 24. 

Minn. §3382. S. C. §8. 

Miss. §8. Wash. §18, 23, 25. 

Sec. 39. [Order of Survey, etc.] While the cause is pending 
before the examiner of titles, or at any time before final decree, 
and whenever after initial registration a tract of land is sub- 
divided, the court 

( 1 ) May require 36 the land to be surveyed, after due notice to 
owners of adjoining land, by a competent surveyor appointed by 
the court; 

(2) Shall order durable bounds to be set and a plat thereof 
to be filed among the papers of the suit; 

(3) Shall enter all necessary decrees for the establishment, 
declaration and protection of the right and title of all persons 
appearing to have any interest in or claim against the land. 

Cal. §14. N. C. §5, 13, 15. 

111. §25. N. Y. §381. 

Mass. §35. Ohio, §19. 

Miss. §5, 13, 15. S. C. §5, 13, 15. 

Neb. §25. Ore. §24. 

Sec. 40. [Petition May Be Dismissed.] If in any case the pe- 
titioner so desires, or if the court is of opinion that the peti- 

34 Under this provision the cause will be taken for confessed as to 
all persons who have not appeared and answered and the court will 
proceed to dispose of the claims of those who have not appeared. 
People v. Crissman, 41 Colo. 450, expressly decides that the court is 
not bound by the examiner's report. 

35 Rights of intervening parties will be protected. Specific perform- 
ance of contract enforced. Midway Co. v. City of St. Paul, 128 Minn. 
135. 

36 When property is subdivided for registration of any subdivision 
there must be proof thereof by plat or other evidence sufficient for 
conveyance. Glos v. Ehrhardt, 224 111. 532. Decree reversed because 
no plat was proved before registration, and it was impossible to locate 
the subdivision from the evidence. Glos v. Bragdon, 229 111. 223. Glos 
v. Grant Bldg. Assn., 229 111. 387. A survey is of prime importance 
and necessity, especially in States in which lands have not been laid 
off by government survey. 



92 The Torrens System 

tioner's title is not and cannot be made proper for registration, 
the petition may be dismissed S6 a without prejudice, on terms 
to be determined by the court. 

Cal. §12. Ohio, §20. 

Colo. §26. Wash. §26. 

Minn. §3382. 
Sec. 41. [Amendments to Petition and Other Pleadings.] 
Amendments 37 to petitions or other pleadings, or the severance 38 

36 a Petitioner must comply with terms fixed by court in withdrawing 
petition. McQuesten v. Commonwealth, 198 Mass. 172. After decree 
for petitioner, when on appeal and trial by jury a verdict is given for 
respondent, petition must be dismissed. Robinson v. Richards, 209 
Mass. 295. A provision authorizing a dismissal of application does not 
violate constitution. Peters v. Duluth, 119 Minn. 96. Court must dis- 
miss application, on motion, without prejudice, upon such terms as may 
be fixed by it. "The Torrens Act makes provisions for a special pro- 
ceeding . . . In a special proceeding, it being within the 
power of the legislature to limit the jurisdiction of the court, the 
bounds of the court's jurisdiction are to be found in the limitations of 
the act under which its jurisdiction is invoked. The legislature might 
have provided for a determination of conflicting interests if it had been 
so inclined. But it did not do so. There is more or less 

difference in the Torrens acts as adopted in the several States. Where, 
as in Illinois, no provision is made for a voluntary dismissal, but the 
court is put to a final determination of the issue, it has been held that 
the court may grant relief as to such portion of the land as the evi- 
dence shows the title in fee to be in the applicant, and deny it as to 
the remainder. Glos v. Holberg, 220 111. 167. But our law was drawn 
upon a different theory." Krutz v. Dodge, 66 Wash. 178. 

Undoubtedly, under this section, the court may, in the proper case, 
dismiss or allow dismissal without prejudice, as in any other action, 
and must, furthermore, dismiss where applicant fails to establish title, 
whether because a defendant has established titles in himself or other- 
wise ; but what court would, after trial on the merits of defendant's 
claim of title, fail to make findings according to the facts proved? 
Indeed, failure to make such findings to a defendant's prejudice would 
be reversible error. (Owsley v. Johnson, 95 Minn. 168.) 
In short, where defendant establishes title, the court must so find, and 
thereupon dismiss, not without prejudice as between applicant and 
such defendant, but absolutely. Hence the defendant in a registration 
proceeding may have all the relief usually available in an action to 
determine adverse claims wherein he is defendant. Seeger v. Young, 
127 Minn. 416. 

37 Amendment of petition by substituting name of respondent for 
petitioner is illegal and void. "If the respondents had wished to 
become petitioners they should have brought their own petition." 
Foss v. Atkins, 204 Mass. 337. Court properly permitted answer to be 
amended. Kuby v. Ryder, 114 Minn. 217. 

38 Title to a portion of the property may be registered when properly 
established. Glos v. Holberg, 220 111. 167. G holding tax title to a 
portion of land offered for registration, claims ownership. Examiner 
of titles reported against validity of G's claim, but applicant dismissed 
application as to said portion of land. Held: G cannot complain be- 
cause his claim was allowed ; also cannot complain of the application, 
nor because not allowed to make unnecessary amendments to his 
answer. Glos v. Murphy, 225 111. 58. See also Tower v. Glos, 256 
111. 121. The provisions of this section have been broadened in the 
interest of business under the act. It covers the amendments to the 
Massachusetts act and adopts suggestions made by Hon. Charles 
Thornton Davis, Chief Judge of the Massachusetts Land Court, as to 
the omission or severance of any portion or parcel of the land. 



Registration Act — Annotated 93 

thereof, including joinder, substitution, or discontinuance of par- 
ties, and the omission or severance of any portion or parcel of the 
land, may be ordered or allowed by the court at any time before 
final decree upon terms that may be just and reasonable; and 
the court may require facts to be stated in an amended petition 
in addition to those prescribed by this act. 

Cal. §10. m. §14. 

Colo. §4. Neb. §14. 

Mass. §20, 21, 23, 27. Ore. §13. 

Minn. §3378. Wash. §4. 

Sec. 42. [Land May be Dealt With, Pending Registration, 
Subject to Decree of the Court.] The land described in any 
petition may be dealt with pending 39 registration as if no such 
petition had been filed. 

(1) But any instrument admitted to record under the general 

laws in relation to such land pending action on said 
petition shall also be docketed and indexed as required 
by section twenty-two of this act; 

(2) And any person who shall acquire any interest in or 

claim against such land shall at once appear as a peti- 
tioner, or answer as a party defendant, in the proceed- 
ings for registration, and such interest or claims shall 
be subject to the decree of the court. 

Colo. §32. N. Y. §398. 

Mass. §22, 28. Ohio §12. 

Minn. §3395. Wash. §32. 

Sec. 43. [Certificate of Taxes Paid.] No final decree of regis- 
tration shall be entered until proof is made by certificate from 
the proper officer that all taxes and levies assessed on said land 
and then due or delinquent have been paid in full. 

Sec. 44. [Decree of Registration is Final, Quiets Title, and 
Binds All the World, Subject to Appeal, etc.] If the court, after 
final hearing, is of opinion that the petitioner has title *° proper 
for registration, a decree of confirmation and registration shall 

39 Alienees of claimant pending registration proceedings are not en- 
titled to answer as a matter of right, but answer must be filed in a 
reasonable time ; a delay of six months is unreasonable, and the court 
did not abuse its discretion in denying the right to answer after such 
delay. Brown v. Haggadorn, 119 Minn. 491. 

40 Applicant must prove fee simple title in himself by tracing back 
to government grant or by statutory limitations. Glos v. Holberg, 
220 111. 167. Applicant must show title good against the world ; prima 
facie title not sufficient. Glos v. Wheeler, 229 111. 272. Defendant to 
application cannot complain of title to lots in which he claims no in- 
terest. Mundt v. Glos, 231 111. 158. A good tax title may be regis- 
tered. Tobias v. Kaspzyk, 247 111. 80. In a petition for registration of 



94 The Torrens System 

be entered; and every decree of registration entered in accord- 
ance with the provisions of this act, 

(1) Shall bind 41 the land and quiet the title thereto, except 

as herein otherwise provided; 

(2) Shall be forever binding and conclusive upon all persons, 

resident or non-resident, including the State, whether 
mentioned by name in the order of publication or in- 
cluded under the general description, "to all whom it 
may concern;" 

(3) And shall not be attacked or opened or set aside by 

reason of the absence, infancy, or other disability of any 
person affected' thereby, nor by any proceeding at law 
or in equity for rehearing or reversing judgments or 
decrees, except as herein especially provided. 

Cal. §9, 14, 15, 17. Neb. §25, 26. 

Colo. §23, 27. N. C. §8, 9. 

111. §25, 26. N. Y. §391. 

Mass. §34, 37. Ohio §22. 

Minn. §3390. Ore. §24, 25. 

Miss. §8, 9. S. C. §8, 9. 

Neb. §14. Wash. §23, 27. 

Sec. 45. [Form of Decree and Manner of Registration.] Every 
decree of initial registration and subsequent memorial shall be 
made in convenient form for transcription upon the certificate 
of title, showing the following items: 
( 1 ) Owners : 

Name and residence of the owner, and whether married 

or unmarried, and the name of the consort, if any; 
If the owner is under disability, the nature thereof, and 
if an infant, his age; 

tax title former owner was made defendant. Time for redemption had 
not expired when application was filed, but owner failed to take 
advantage of this and the title was registered in name of claimant after 
redemption period. Held: a good registry, and that no one but former 
owner might have complained ; State could not. Gates v. Keigher, 99 
Minn. 138. Tax title registered subject to lien of city assessments. 
Gould v. City of St. Paul, 110 Minn. 324. Tax title registered. Hen- 
dricks v. Hess, 112 Minn. 252. Title by adverse possession under 
statute of limitations may be registered ; partition decree given color 
of title. Peters v. Dicus, 254 111. 379. When one consents to registra- 
tion, decree is final as to him and cannot be set aside at a subsequent 
term. Mooney v. Valentynovicz, 255 111. 118. Petitioner's right to fee 
in land under R. R. right of way and station may be registered. 
Battelle v. N. Y. &c. Ry., 211 Mass. 442. Petitioner must recover upon 
strength of his own title, and not upon the weakness of his adversary's 
title. Owsley v. Johnson, 95 Minn. 168. 

41 A decree of registration cannot be collaterally attacked for error 
or fraud. State v. Ries, 123 Minn. 397. 



Registration Act — Annotated 95 

If a corporation, the place of incorporation and its chief 

office; 
If a personal representative or trustee, the name of 

decedent or beneficiary. 

(2) Land: 

Description of the land as finally determined by the 
court ; 

The estate of the owner therein; 

Also all the rights and easements appurtenant to said 
land; 

And also a description of all particular estates, ease- 
ments, 42 liens, or other encumbrances, or rights 48 to 
which the land or the owner's estate is subject, show- 
ing their relative priorities. 

(3) Other Matters: Any other matter determined in pursu- 

ance of the provisions of this act. 

Sec. 46. [Time of Taking Effect.] Such decree or memorial 
shall take effect upon the land described therein as of the day, 
hour and minute it is filed for registration in the office of the 
proper registrar. 

Sec. 47. [Registrar's Memorandum.] The registrar shall 
forthwith record the said decree in the proper book of the court, 
and shall forthwith enter and properly number, minutely date, 
and index a memorandum thereof on his land registration docket 
and in the entry book hereinafter directed to be kept by him, and 
shall cause to be recorded and indexed a like memorandum in the 
proper deed book of the county or city. 

PAET VI. 

Certificates of Title. 

Sec. 48. [Entry in Registry of Titles.] Said decree or memo- 
rial, or so much thereof as may be ordered by the court, shall be 
copied, numbered, signed, and sealed with the seal of the court 

42 "There is no provision in the Land Registration Act for an appli- 
cation by the owner of an easement for the registration of his title 
It seems to us, therefore, that the statute was not intended 
to afford a remedy by which owners of easements in the same land 
could have the nature and extent of their rights settled, and should 
not be so construed." Minot v. Cotting, 179 Mass. 325. Land Court 
may determine boundaries of highway. First National Bank v. Woburn, 
192 Mass. 220. 

48 Title registered subject to possible claims of creditors of a dece- 
dent dead for less than seven years. Finn v. Glos, 268 111. 350. 



96 The Torrens System 

by said registrar and registered in the book hereinafter directed 
to be kept by him, to be known as the register of titles, for his 
county or city; and when so registered shall constitute the 
original certificate of title. 

Subsequent certificates covering the same land shall be in a 

like form, but shall be designated "transfer certificate No 

(the number of the next previous certificate covering the same 

land ) , original certificate registered ( date, volume 

and page of registration)." 

New and appropriate numbers shall be adopted for any sub- 
sequent certificates not covering the whole of said land. 

Cal. §15, 16, 23, 31, 57. Neb. §29-33, 38, 56. 

Colo. §31, 36, 39, 41. N. Y. §394. 

111. §29-33, 38, 56. Ohio §22, 23, 37, 75, 76. 

Mass. §39, 41, 53, 54. Ore. §28, 32. 

Minn. §3391. Wash. §31, 35, 38, 40. 

Sec. 49. [Entry Book Kept by Registrars.] (1) Each regis- 
trar shall keep an entry book in which he shall enter, in the 
order of their reception, a memorandum of any writing, instru- 
ment, or record filed with him for registration, and shall note in 
such book the year, month, day, hour, and minute of such filing. 

(2) Every such writing, instrument, or record shall be num- 
bered, indexed and indorsed with reference to the entry thereof 
and securely kept in the office of the registrar. 

(3) Every such entry shall be minutely dated, numbered and 
indexed, and shall refer to the certificate of title hereinafter 
mentioned, upon which, as well as upon its duplicate or dupli- 
cates, a memorandum of such entry shall be made. 

Cal. §22, 51. Neb. §49-51. 

Colo. §47. N. Y. §409. 

111. §49-51. Ohio §35. 

Mass. §55. Ore. §48-50. 

Minn. §3402, 3406. Wash. §46. 

Sec. 50. [Register of Titles Kept by Registrar.] Each regis- 
trar shall also keep a register of titles book, in which, under the 
direction of the court, he shall 

( 1 ) Register, number and index the original certificates of 
title and all subsequent certificates of title, and all vol- 
untary or involuntary transactions authorized to be 
registered under this act; and 



Registration Act — Annotated 97 

(2) Note thereon, and also upon the duplicate certificate 
thereof, when originally issued or subsequently pre- 
sented, the day, hour, and minute of registration in each 
case in conformity with the date shown by the entry 
book. 

Cal. §29. N. C. §10. 

Colo. §35. N. Y. §395. 

111. §35, 98. Ohio §23, 82. 

Mass. §55. Ore. §34, 97. 

Minn. §3402, 3406. S. G. §10. 

Miss. §10. Wash. §34. 

Neb. §35, 91. 
Sec. 51. [Certificate of Title.] (1) Every certificate of title 
entered in the register of titles as aforesaid, together with the 
memorials thereon, if any, shall be known as "the certificate of 
title." 

(2) Said certificate shall be conclusive evidence of all matters 
contained therein, except as otherwise provided in this aet. 

(3) No erasure, alteration, or amendment of said certificate, 
or of any memorial thereon, shall be made except by order of 
court. 

Cal. §23, 30. Neb. §35-7, 39. 

Colo. §35, 37, 48, 57. N. Y. §395-7, 399. 

111. §35-7, 39. Ohio §23, 27, 72, 93, 98. 

Mass. §40, 46, 107. Ore. §34-6, 38. 

Minn. §3404, 3408, 3439. Wash. §34, 36, 47, 50. 

Sec. 52. [Owner's Duplicate Certificate.] An exact copy of 
the certificate of title shall be made, except that it shall be con- 
spicuously stamped or marked "owner's duplicate," and shall 
be delivered to the owner, or his attorney, duly appointed, upon 
his receipt therefor in writing upon said certificate of title 
attested by the registrar or his deputy. 

Sec. 53. [Certificates of Title to be Numbered, and Memorials 
Thereon to be Signed and Sealed.] (1) All the certificates of 
title of land in each county or city shall be numbered consecu- 
tively. 

(2) A separate folium, with appropriate spaces for subse- 
quent memorials, shall be devoted to each title in the register of 
titles for each county or city. 

(3) Every certificate and memorial thereon shall appropri- 
ately conform to the requirements of sections forty-five and forty- 
eight of this act as to particulars of form. 



98 The Torrens System 

(4) Every memorial made upon any certificate of title or 
duplicate certificate under any provision of this act shall be 
signed by the registrar and sealed with the seal of the court and 
minutely dated and numbered in conformity with the date and 
number shown by the entry book. 

Cal. §23, 50. Neb. §35, 56. 

Colo, §36, 81. N. C. §11. 

111. §35, 56. N. Y. §394. 

Mass. §40. Ohio §23, 37. 

Minn. §3403. Ore. §34, 55. 

Miss. §11. S. C. §11. 



PAKT VII. 

Registration of Transfers and Other Transac- 
tions. 

Sec. 54. [Transfers of the Whole of any Registered Estate.] 
Whenever the whole of any registered estate is transferred, the 
transaction shall be duly noted and registered in accordance with 
the provisions of this act. 

Thereupon the certificate of title and any duplicate certificate 
relating to such estate shall be cancelled by the registrar of each 
county or city in which the land, or any part thereof, lies, if 
desired by the registered owner, and a new certificate or certifi- 
cates of title shall be entered in the register of titles for such 
county or city, and a duplicate or duplicates thereof issued, as 
the case may require. 

Cal. §25, 26, 48. N. C. §12. 

Colo. §38, 52, 60, 61. N. Y. §413. 

111. §34, 47, 57, 64. Ohio §37. 

Mass. §56. Ore. §33, 46, 56, 63. 

Minn. §3409, 3417, 3420. S. C. §12. 

Miss. §12. Wash. §37, 51, 59, 60. 

Neb. §34, 47, 57, 64. 

Sec. 55. [Partial Transfers, Encumbrances, Leases.] If only 
a portion of such estate is transferred, or in case of an encum- 
brance or lease for more than one year, the transaction shall be 
duly noted and registered as aforesaid; and a new certificate of 
title shall be entered in the register of titles and new owner's 
duplicate certificate shall be issued for the portion transferred 



Registration Act — Annotated 99 

and the portion lintransferred, or a beneficiary's duplicate or 
lessee's duplicate may be issued as the case may require. 

Cal. §25, 26, 49. N. C. §13, 14. 

Colo. §40, 49, 52, 63. N. Y. §407. 

111. §48, 64. Ohio §3, 8, 39. 

Mass. §47, 57, 59. Ore. §47, 63. 

Minn. §3417, 3420, 3422. S. C. §13, 14. 

Miss. §13, 14. Wash. §39, 48, 51, 62. 

Neb. §48, 64. 

Sec. 56. [Memorials to be Noted.] All registered encum- 
brances, rights, or adverse claims affecting the estate represented 
thereby, shall continue to be noted upon every outstanding cer- 
tificate of title and duplicate certificate until the same shall have 
been released or discharged. 

Cal. §43. N. C. §14. 

Colo. §56, 57. N. Y. §403. 

111. §45. Ohio §33. 

Mass. §58. Ore. §44. 

Minn. §3420. S. C. §14. 

Miss. §14. Wash. §55, 56. 
Neb. §45. 

Sec. 57. [Registration of Voluntary Transactions.] In volun- 
tary transactions, the duplicate certificate of title must be pre- 
sented along with the writing or instrument filed for registration; 
and thereupon, and not otherwise, the registrar shall be author- 
ized to register the transaction, under the direction of the court, 
upon proof of payment of all delinquent taxes and levies, if any. 

Cal. §58-65. N. C. §14, 15. 

Colo. §50, 52-3, 57-8, 63. N. Y. §406, 415. 

111. §54-5, 59-67, 80-81. Ohio §44-49. 

Mass. §60. Ore. §53-54, 58-66. 

Minn. §3419, 3420, 3423. S. C. §14, 15. 

Miss. §14, 15. Wash. §49, 51-2. 
Neb. §54-5, 59-67, 73-4. 

Sec. 58. [Registration of Involuntary Transactions.] In 
involuntary transactions, a certificate from the proper State, 
county, city, or court officer, or a certified copy of the order, 
decree, or judgment of any court of competent jurisdiction, or 
other appropriate evidence of compliance with the statute in 
relation to such transaction, when filed in the office of the proper 
registrar, shall be authority for him to register the transaction 
under the direction of the court. 



100 The Torrens System 

Provided that any writing or instrument for the purpose of 
transferring, encumbering, or otherwise dealing with equitable 
interests in registered land, may be registered with such effect 
as it may be entitled to have. 

Cal. §72-3. Neb. §73-4, 77-84. 

Colo. §60-61, 72, 76, 91. N. C. §14, 16. 

111. §80-81, 84-91. N. Y. §417. 

Mass. §66, 70, 75, 77, Ohio §43, 50-6, 59-64, 

79-86. 66-7, 78. 

Minn. §3419, 3426-7, Ore. §79-80, 83-90. 

3430, 3434-5, 3441. S. C. §14, 16. 

Miss. §14, 16. Wash. §59, 60. 

Sec. 59. [Production of Duplicate Certificate Required.] 
Whenever a duplicate certificate is not presented to the registrar 
along with any writing, instrument, or record filed for registra- 
tion under this act, he shall forthwith send notice by registered 
mail to the owner of such duplicate requesting him forthwith to 
produce the same, in order that a memorial of the transaction 
may be made thereon; and such production may be required by 
suitable process of the court, if necessary. 

Colo. §50, 78. N. C. §14, 17. 

111. §60, 64, 88. Ohio §28, 37, 41, 74, 78, 

Mass. §51, 71, 106. 100. 

Minn. §3413, 3419, 3430. Ore. §59, 63, 87. 

Miss. §14, 17. S. C. §14, 17. 

Neb. §60, 64, 81. Wash. §49, 77. 

Sec. 60. [Registration of Trusts, Conditions, Limitations and 
Other Equitable Interests and Estates.] Whenever a writing, 
instrument, or record is filed for the purpose of transferring 
registered land in trust, or upon any equitable condition or 
limitation expressed therein, or for the purpose of creating or 
declaring a trust or other equitable interest in such land without 
transfer, the particulars of the trust, condition, limitation, or 
other equitable interest shall not be entered on the certificates, 
but it shall be sufficient to enter in the entry book and upon the 
certificates a memorial thereof by the terms "in trust," or "upon 
condition," or other apt words, and to refer by number to the 
writing, instrument, or record authorizing or creating the same. 
And if express power is given to sell, encumber, or deal with 
the land in any manner, such power shall be noted upon the 
certificates by the terms "with power to sell," or "with power to 
encumber," or by other apt words. 



Registration Act-^-Annotated 101 

And unless express power be given as aforesaid, no subsequent 
transfer or memorial shall be registered on such certificate except 
by special order of court. 

Cal. §67, 70. Neb. §68-9. 

Colo. §64. N. C. §10, 19. 

111. §68^9. Ohio §32, 65. 

Mass. §64-8. Ore. §67-8. 

Minn. §3429. S. C. §10, 19. 
Miss. §10, 19. 

Sec. 61. [Registration of Estates of Decedents.] 

(1) Lands and any estate or interest therein registered under 

this act shall, upon the death ** of the owner, testate or 
intestate, go to his personal representative in like man- 
ner as personal estate, and shall be subject to the same 
rules of administration as personalty, except as other- 
wise provided in this act. 

(2) But nothing herein contained shall alter or affect 

(a) The course of ultimate descent under the statute of 

descents and distributions and the rights of dower 
and curtesy, when duly registered; 

(b) Nor the order in which real and personal assets re- 

spectively are now applicable in and towards the 
payment of funeral and testamentary expenses, 
debts, or legacies; 

(c) Nor the liability of real estate to be charged with 

the payment of debts and legacies. 

Cal. §74-5. Neb. §70-2. 

Colo. §74. N. Y. §423-5. 

111. §70-2. Ohio §42-3. 

Mass. §91. Ore. §69-71. 

Minn. §3436. Wash. §73. 

Sec. 62. [Powers of Personal Representatives.] 

( 1 ) Subject to the powers, rights and duties of administration, 

the personal representatives of such deceased owner shall 
hold such real estate as trustees for the persons by law 
beneficially entitled thereto, 

(2) But, unless otherwise entitled by law to commissions, 

shall be entitled to no commissions thereon except in 
cases of necessary sales in due course of administration. 

44 "We are not impressed with the soundness of the objection to 
those sections of the statute which relate to the descent of lands on the 
death of a registered owner." People v. Simon, 176 111. 165. 



102 The Torrens System 

(3) And the heirs at law or beneficiaries aforesaid shall have 
the same power of requiring a transfer of such estate as 
if it were personal estate. 

111. §70-72. Ore. §69-78. 

Neb. §70-72. 

Sec. 63. [Registration of Delinquent Taxes and Levies.] 

( 1 ) It shall be the duty of the treasurer or other collector of 

taxes or levies of each county, town, or city, not later 
than the fifteenth day of December in each year, to file 
an exact memorandum of the delinquency, if any, of any 
registered land for the non-payment of the taxes or 
levies thereon, including the penalty therefor, in the 
office of the proper registrar for registration. 

(2) If any such officer fail to perform said duty, he and his 

sureties shall be liable for the payment of said taxes 
and levies, with the penalty and interest thereon. 

Miss. §21. N. C. §21. 

111. §82. S. C. §21. 

Neb. §75. - 
Sec. 64. [Registration of Sales for Delinquent Taxes or 
Levies.] 

(1) Whenever any sale of registered land is made for delin- 

quent taxes or levies, it shall be the duty of the treas- 
urer or other officer making such sale, forthwith to file 
a memorandum thereof for registration in the office of 
the proper registrar. 

(2) Thereupon the registered owner shall be required to 

produce his duplicate certificate for cancellation, and a 
new duplicate certificate shall be issued in favor of the 
purchaser, and the land shall be transferred on the land 
books to the name of such purchaser, unless such de- 
linquent charges and all penalties and interest thereon 
be paid in full within ninety days after the date of such 
sale. 

(3) But a memorial shall be entered upon the certificate of 

title, and also upon any such new duplicate certificate, 

reserving the privilege of redemption i» accordance with 
law. 

Cal. §77-83. N. C. §22. 

111. §82-3. Ohio §57-8. 

Miss. §22. Ore. §81-2. 

Neb. §75-6. S. C. §22. 



Registration Act — Annotated 103 

Sec. 65. [Same: Registration of Redemption.] In case of any 
redemption under the preceding section, a memorial of the fact 
shall be duly registered; and if a duplicate certificate has been 
issued to any purchaser, the same shall be cancelled and a new 
duplicate shall be issued to the person who has redeemed. 

Sec. 66. [Same: Registration of Final Sale, if No Redemp- 
tion.] 

( 1 ) If there be no redemption under said section in accord- 

ance with law, it shall be the duty of the treasurer, or 
other collector of taxes of the county or corporation in 
which the land lies, to sell the same, at public auction, 
for cash, having first given reasonable notice of the 
time and place of sale. 

(2) The proceeds of sale shall be applied — 

First, to the payment of all taxes then due the State, 
and all levies and taxes then due the county, town, or 
city, with interest, penalty and costs; 

Second, to the payment of all sums paid by any person 
who purchased at the former tax sale, with interest 
and the additional sum of five dollars; 

Third, to the payment of a commission to the officer 
making the sale of five per centum on the first three 
• hundred dollars and two per centum on the residue 

of the proceeds; 

Fourth, to the satisfaction of any liens other than said 
taxes and levies registered against said land in the 
order of their priorities; 

Fifth, and the surplus, if any, to the person in whose 
name the land was previously sold for taxes, subject 
to redemption, as provided by section sixty-four of 
this act, his heirs, personal representatives, or assigns. 

(3) A memorial of the sale under this section shall be duly 

registered, and a. new certificate shall be entered and a 
duplicate issued in favor of the purchaser, in whom title 
shall be thereby vested as registered owner, in accord- 
ance with the provisions of this act. 

Special attention is invited to the notable provisions of Sections 63-66 
inclusive. In the first place, all taxes and levies are required to be 
registered as soon as delinquent. The effect of this will be to prevent 
delinquencies, for thus every man will have attention sharply called to 
any delinquency, and no man will want a visible cloud on his title to 
interfere with the use and market value of his certificate. But if he 
should be negligent or indifferent, mark what pressure is put on him to 
induce attention to business. There are two sales — the first subject to 



104 The Torrens System 

redemption, the second absolute and final. Thus, the land is first sold 
for taxes, as soon as the ordinary statutory period arrives for such 
sale, and the owner is then required to surrender his certificate for 
cancellation. Surely this will bring him to his senses, and he will then 
settle the taxes. But if he should still remain delinquent, he will, 
nevertheless, be allowed the usual statutory period within which to re- 
deem. If, however, he again be prevented by indifference or misfortune 
from taking advantage of this opportunity, then comes the last act in 
the tragedy and the final foreclosure is made. But this final sale is 
made at public auction after reasonable notice of the time and place of 
sale. The purchaser knows he will now get an absolute title, and, 
therefore, the land will fetch its full market value. And the proceeds 
of sale are to be applied: (1) To the payment of all taxes and levies, 
with interest, penalties and costs. (2) To the payment of the first 
purchaser, with interest, and the additional sum of five dollars, to en- 
courage purchases at the first sale, and thus to insure the prompt 
receipt of taxes and levies through the certainty of purchase. (3) To 
the payment of a reasonable commission to the officer making the sale. 
(4) To the satisfaction of any subordinate liens on the property, in the 
order of their priority; and (5) the surplus, if any, to the owner, his 
heirs, personal representatives or assigns. Tell me, is not this justice? 
And when has the State ever before undertaken to do justice to her 
citizens in the matter of delinquent taxes? Too well we know how 
often she has robbed her children by tax sales, often made without 
knowledge on their part of any delinquency. Too well we know — at 
least in Virginia — how the Commonwealth has fostered bands of land- 
grabbers feasting like harpies on the possessions and homes of her 
children. In ordinary tax sales, as you know, no effort is made to 
obtain a fair price for the land ; and indeed it is not possible to obtain 
any, because tax titles are notoriously infirm and worthless. But 
under this procedure an unassailable title will pass, the full value of 
the property will be realized, and the proceeds will be equitably dis- 
tributed. Heretofore the State has been "forfeiting" titles for taxes, 
but hereafter she will act as a trustee in all delinquent sales of regis- 
tered lands. And now for the first time, without surrendering a 
single one of her rights, the State, under this Act, will abolish these 
hoary evils and remove from her name the reproach of robbery. 

Sec. 67. [Same: Future Interests Not Affected.] Nothing in 
the preceding section shall be so construed as to affect, or divest, 
the title of a tenant in reversion or remainder to any real estate 
which has been returned delinquent and sold on account of the 
default of the tenant for life in paying the taxes or levies as- 
sessed thereon. 

Cal. §77-83. N. C. §23. 

111. §82-3. Ohio §57. 

Miss. §23. Ore. §81-2. 

Neb. §75-6. S. C. §23. 

PAKT VIII. 

Sundry Proceedings After Registration. 
Sec. 68. [Petitions Concerning Registered Land and Caveats 
and Decrees Thereon.] Any registered owner of any estate or 
interest in land, or any person having any claim against regis- 
tered land arising from any other cause than fraud or forgery 



Registration Act — Annotated 105 

since the land was registered, may, within ninety days after the 
claim or cause of complaint shall have arisen, petition the court 
for relief in any matter within its jurisdiction; and it shall be 
the duty of the proper registrar, upon the request of any such 
person, to register a memorial that such petition has been or 
will be filed, which memorial shall serve as a caveat and be notice 
to all persons. 

(2) And whenever any registrar is in doubt as to the proper 
registration to be made in any case, or when any person 
is aggrieved by any act or refusal to act by the regis- 
trar, the question may be likewise submitted by petition. 

Cal. §39, 97-100. N. C. §25. 

Colo. §49, 62, 78, 82, 89. N. Y. §383, 422. 

111. §92-6. Ohio §40, 68, 70, 79. 

Mass. §52, 105, 107. Ore. §91-5. 

Minn. §3407, 3426, 3435, S. a §25. 

3438-9. Wash. §48, 61, 77, 81, 
Miss. §25. 88. 

Neb. §85-9. 

Sec. 69. [Same: Hearing and Decree.] After notice to the 
parties interested, the court shall hear the cause, and, with due 
regard to the provisions of this act, shall enter such decree as 
justice and equity may require, which shall be registered, and 
take effect in like manner as the original decree for registration. 

Sec. 70. [Same: Service of Notice.! Notice in lieu of process 
under this act or otherwise in relation to registered land, may 
be served upon any person by registered mail, and the post office 
registry return receipt shall be evidence of such service, and shall 
be binding, whether such person resides within or without the 
State; but the court may in any case order different or further 
service by publication once a week for four successive weeks in 
some convenient newspaper or otherwise, which shall be likewise 
binding. 

Sec. 71. [Proceedings Upon Loss or Destruction of Duplicate 
Certificate.] 

( 1 ) Whenever a duplicate certificate of title is lost or de- 

stroyed, the owner, or his personal representative, may 
petition the court for the issuance of a new duplicate. 

(2) Notice of such petition shall be published once a week 

for four successive weeks, under the direction of the 
court, in some convenient newspaper. 



106 The Torrens System 

(3) Upon satisfactory proof that said duplicate certificate 
has been lost or destroyed, the court may direct the issu- 
ance of a new duplicate certificate, which shall be appro- 
priately designated and take the place of the original 
duplicate. 

Cal. §27. Neb. §58. 

Colo. §51. N. C. §24. 

111. §58. N. Y. §414. 

Mass. §104. Ore. §57. 

Minn. §3412. S. C. §24. 

Miss. §24. Wash. §50. 

PAET IX. 

Legal Effects of Kegistration of Title. 

Sec. 72. [Effect of Registration as Notice to Subsequent Pur- 
chasers.] Every voluntary or involuntary transaction which, if 
recorded, filed, or entered in any clerk's office, would affect 
unregistered land, shall, if duly registered in the office of the 
proper registrar, and not otherwise, be notice to all persons from 
the time of such registration, and operate in accordance with law 
and with the provisions of this act upon any registered land in 
the county or city of such registrar to which it relates. 

Sec. 73. [Effect of Registration Upon Adverse Claims.] 
Every registered owner of any estate or interest in land brought 
under this act shall hold the land free ** from any and all adverse 
claims, rights, or encumbrances not noted on the certificate of 
title, except — 

First. Liens, claims, or rights arising or existing under 
the laws or Constitution of the United States 46 which 
the statutes of this State cannot require to appear of 
record under registry laws. 
Second. Taxes and levies assessed thereon but not delin- 
quent. 
Third. Any lease for a term not exceeding one year under 
which the land is actually occupied. 

45 Registration is good against purchaser at tax sale who fails to take 
out tax deed, and bars any claim for reimbursement of taxes and 
special assessments paid by claimant while holding certificate of tax 
sale, upon which the time for the execution of a deed subsequently 
expired without any deed being taken. Snow v. Glos, 258 111. 275. 

48 Title registered before land had been patented and granted by U. 
E. void. Shevlin v. Fogarty, 130 Minn. 456. 



Registration Act — Annotated 107 

Cal. §34, 37-8, 41, 45-6. N. C. §25. 

Colo. §30. N. Y. §392, 400. 

111. §40, 42-4. Ohio §22, 25, 98. 

Mass. §37-8, 54, 63. Ore. §39. 

Minn. §3393. S. C. §25. 

Miss. §25. Wash. §30. 
Neb. §40, 42-4. 

Sec. 74. [Same: Fraud or Forgery.] The foregoing section 
shall not apply to the benefit of a registered owner — 

(1) In cases of forgery whether or not he be a party or privy 

thereto ; T 

(2) In cases of fraud to which he is a party, or in which he 

is a privy without valuable consideration paid in good 
faith. 

Virginia adopted this section as recommended in the footnote thereto 
in the Uniform Land Registration Act, so that no one can be deprived 
of title by forgery, and that the usual doctrine shall apply in cases 
of fraud. 

Sec. 75. [Effect of Registration Procured Through Fraud or 
Forgery.] Any registration procured through fraud or forgery 
may be set aside by the court according to the rules of equity; 
but the rights and title of an innocent intervening registered 
encumbrancer or purchaser for value and without notice shall 
not be affected thereby, except as provided in section seventy- 
four. And in all such cases the injured party may pursue all 
his legal and equitable remedies 47 against the party or parties to 
such fraud or forgery. 

Colo. §46. N. C. §18. 

111. §42-3, 65. N. Y. §392, 402, 410. 

Mass. §59, 70. Ohio §41, 50, 88, 89. 

Minn. §3416, 3430, Ore. §41-2. 

3440-1. S. C. §18. 

Miss. §18. Wash. §45. 
Neb. §42-3, 65. 

47 Application to vacate a decree of registration for fraud is 
governed by general equitable consideration. "The fact that a statute 
does not expressly provide that fraud shall invalidate acts authorized 
to be done under it does not deprive the courts of the general power to 
protect the rights of the parties. . . . The 60-day limitation 
contained in the statute when these transactions occurred (now made 
six months by R. L. 1905, Sec. 3396) has no application to the case at 
bar. If the defrauded party is not guilty of laches, he may attack the 
decree on the ground that it was obtained by fraud, so long as the 
land stands registered in the name of the party who was guilty of the 
fraud." Baart v. Martin, 99 Minn. 197. In this case the court said : 
"An examination of the Torrens laws of the different States and 
colonies discloses the fact that those of Minnesota and the Fiji 
Islands only contain no express exception of cases of fraud. All the 



108 The Torrens System 

Sec. 76. [Land to Remain Forever Registered.] The obtain- 
ing of a decree of registration and the entry of a certificate of 
title shall be construed as an agreement running with the land, 
and the same shall forever remain registered land, subject to the 
provisions of this act and all amendments thereof. 

Cal. §44. N. C. §26. 

Colo. §33. N. Y. §404. 

111. §46. Ohio §26, 86. 

Mass. §44. Ore. §45. 

Miss. §26. S. C. §26. 

Neb. §46. Wash. §33. 

Sec. 77. [No Rights by Adverse Possession or Prescription.] 
No title to, nor right, nor interest in, registered land in deroga- 
tion of that of the registered owner shall be acquired by pre- 
scription or adverse possession. 

Cal. §35. Neb. §41. 

Colo. §34. N. C. §27. 

111. §41. N. Y. §401. 

Mass. §45. Ohio §85. 

Minn. §3371. Ore. §40. 

Miss. §27. S. C. §40. 

Sec. 78. [Effect of Subsequent Dealings With Registered 
Land.] Except as otherwise specially provided by this act, 

original Torrens statutes carefully guard against the possibility of an 
owner being fraudulently deprived of his property." When applicant 
omits names of parties holding easements and examiner mentions them 
and recommends, that they be made parties, registration without 
making them parties is void and subject to collateral attack for con- 
structive fraud. "Any other conclusion would go far to remove the 
safeguards which make the law constitutional. It would make a strong 
argument for holding that the act was invalid, because the proceedings 
do not constitute due process of law." Riley v. Pearson, 120 Minn. 
210. Decree of registration is not good against claimant whose name, 
though known, is given incorrectly in application, and who has no 
actual notice. Arnold v. Smith, 121 Minn. 116. The question whether 
an innocent purchaser of a registered Torrens title is protected against 
the fraud of his grantor in failing to disclose in the registration pro- 
ceedings an unrecorded mortgage, cannot be raised by demurrer to 
answer pleading innocent purchase and a general denial of all the 
allegations of the complaint. Henry v. White, 121 Minn. 527. Where 
owner fraudulently fails to mention unrecorded mortgage in applica- 
tion, and does not make mortgagee a party to proceedings for registra- 
tion, held that innocent purchaser of registered title takes it free of 
lien. "It is difficult to see what would remain of the indefeasible 
character of a Torrens title, if the decree is open to collateral attack 
as against one who purchases in good faith for a valuable considera- 
tion, and with nothing to put him on inquiry as to fraud on the part 
of the applicant. Henry v. White, 123 Minn. 182 ; State v. Rees, 123 
Minn. 397. "Good faith in the acquirement of title, within the mean- 
ing of the statute, does not require ignorance of adverse claims or 
defects in the title. Notice actual or constructive is of no consequence." 
So held in a suit for registering title by adverse possession. Peters v. 
Dicus, 254 111. 379. 



Registration Act — Annotated 



109 



registered land and ownership therein shall be subject to the 
same rights, burdens and incidents as unregistered land, and 
may be dealt with by the owner, and shall be subject to the juris- 
diction of the courts in the same 48 manner as if it had not been 
registered. 

( 2 ) But registration 49 shall be the only operative act to 

transfer or affect the title to registered land, and shall 
date from the time the writing, instrument, or record 
to be registered is duly filed and entered in the office of 
the proper registrar. 

(3) Subject to the provisions of section seventy-three hereof, 

no voluntary nor involuntary transaction shall affect the 
title to registered land until registered in accordance 
with the requirements of this act. 



Cal. §32, 39, 48, 53, 55-6, 

58, 71, 84-8, 89-97, 
101, 104. 

Colo. §41, 45-7, 52, 54-5, 

59, 61, 65, 67-8, 70-1, 
76-7. 

111. §38, 42-4, 47, 49, 52, 

54-5,59-67,80-1,84-91. 
Mass. §49, 50, 55, 56, 

59-62, 67, 69, 70, 72-3, 

77-90, 103. 
Minn. §3371, 3411, 3414- 

15, 3422-5, 3431-2, 

3440. 
Miss. §14, 21, 28, 31. 



Neb. §38, 42-4, 47, 49, 

52, 54-5, 59-67, 73-4, 

77-84. 
N. C. §14, 21, 28. 
N". Y. §402, 405-6, 410, 

412, 415-21. 
Ohio §26, 31, 35, 39, 

44-56, 59-64, 66-7, 

70-1, 77, 81, 84, 87-97. 
Ore. §37, 41-3, 46, 48, 

51, 53-4, 58-66, 79-80, 

83-90. 
S. C. §14, 21, 28. 
Wash. §40, 44-6, 51, 

53-4, 58, 60, 64, 66-7, 

69-70, 75-6. 



48 Mechanic's liens cannot be foreclosed in registration proceedings. 
This section 'shows beyond doubt an intention on the part of the legis- 
lature to require all such liens to be foreclosed in the usual manner 
and under the provisions of the general statutes providing for their 
foreclosure and enforcement." Reed v. Siddall, 94 Minn. 216. 

49 "Our construction of this section is in keeping with the obvious 
purpose of the Torrens act to create an absolute presumption that the 
certificate of registration in the registrar's office at all times speaks 
the last word as to the title, thus doing away with secret liens and 
hidden equities. . . . This is the distinctive feature, the vital 
principle of the Torrens System. For the courts to refuse to recognize 
and enforce it would be to emasculate the law, and by construction 
make it not the Torrens System of land titles, but a mere change in the 
form of the record, a mere modification of the recording act." Brace v. 
Superior Land Co., 65 Wash. 681. A mechanic's lien, recorded prior to 
registration but with insufficient description of land, of which applicant 
had no actual notice, and which was not reported by examiner, is 
barred by registration, and does not affect title. "The registration 
proceedings were regular, and there was no fraud in obtaining the 
decree. It follows that the plaintiffs were bound by the decree, 
although it did not recognize or establish their lien." Doyle v. 
Wagner, 108 Minn. 443. 



110 The Torrens System 

Sec. 79. [Conflicting Claims Between Registered Owners.] 
In case of conflicting claims between registered owners, the right, 
title or estate derived from or held under the older certificate of 
title shall prevail. 

Miss. §29. S. C. §29 

N. C. §29. , 

PART X. 

Assurance Fund. 

Sec. 80. [Fee for Original Registration.] Upon the filing of 
the petition for the original registration of any land under this 
act there shall be paid to the registrar one-tenth of one per 
centum of the assessed value of such land as an assurance fund, 
which shall be subject to the trusts and conditions hereinafter 
declared for the uses and purposes of this act. 

Colo. §83. N. C. §33. 

111. §9. N. Y. §426. . 

Mass. §93. Ohio §102. 

Minn. §3442. Ore. §98. 

Miss. §32. S. C. §33. 

Neb. §9. Wash. §82. 

Sec. 81. [Payments Into State Treasury Upon Trust.] All 
moneys received by the registrars under the preceding section 
shall be kept in a separate account, and shall be paid into the 
State treasury upon the special trust and condition that the same 
shall be set aside by the auditor of public accounts in trust as a 
separate fund for the uses and purposes of this act, to be known 
as the "land registration assurance fund," which said fund is 
hereby appropriated to the uses and purposes set forth in this act. 

Cal. §108. N. C. §33. 

Colo. §84. N. Y. §426. 

111. §100. Ohio §103. 

Mass. §94. Ore. §99. 

Minn. §3443. S. C. §33. 

Miss. §32. Wash. §83. 
Neb. §93. 

Sec. 82. [Funds to Be Invested.] Said moneys, in so far as 
the same may not be required to satisfy any judgment certified 
against the assurance fund under section eighty-five of this act, 



Registration Act — Annotated 111 

shall be invested by the treasurer of the State in State bonds in 
trust for the uses and purposes set forth in this act until said 
fund amounts to the sum of five hundred thousand dollars; 
but the income, or so much thereof as may be required therefor, 
may be applied towards the payment of the expenses of the ad- 
ministration of this act and the satisfaction of any such judg- 
ment. 

Whenever and so long as the face value of the bonds purchased 
as aforesaid equals said sum of five hundred thousand dollars, 
other moneys thereafter coming into said fund, together with 
any income not required for the purposes aforesaid, shall be 
transferred from the land registration assurance fund to the 
general treasury. 

Colo. §84. N. C. §33. 

111. §100. N. Y. §426. 

Mass. §100. Ohio §103, 111. 

Minn. §3443. Ore. §99. 

Miss. §32. S. C. §33. 

Neb. §93. Wash. §83. 

Sec. 83. [Suits Against the Assurance Fund.] Any person 60 
who had no actual notice of any registration under this act by 
which he may be deprived of any estate or interest in land, and 
who is without remedy hereunder, may within two years next 
after the time at which the right to bring such action shall have 
first accrued to him or to some person through whom he claims, 
bring an action against the treasurer of the State in the circuit 
court of the city or county in which the land lies, for the re- 
covery out of the assurance fund of any damages to which he 
may be entitled by reason of such deprivation. 

(2) The assurance fund shall be defended in such action by 

the attorney for the commonwealth of the city or county 
in which the land lies, and in any appeal by the attorney- 
general for the State. 

(3) The measure of damages in such action shall be the 

value of the property at the time the right to bring 
such action first accrued, and any judgment rendered 
therefor shall be paid as hereinafter provided. 

- 80 Claim against assurance fund sustained. Shevlin v. Fogarty, 130 
Minn. 456. 



112 The Torrens System 

(4) If any person entitled to bring such action be under the 
disability of infancy, insanity, imprisonment, or absence 
from the State in the service of the State or of the 
United States at the time the right to bring such action 
first accrued, the same may be brought by him or his 
privies within two years after the removal of such dis- 
ability. 
Colo. §85, 88. N. C. §34, 39. 

111. §101, 103. N. Y. §427, 429. 

Mass. §95, 102. Ohio §104, 107-9. 

Minn. §3444, 3446-7. Ore. §100, 102. 

Miss. §33, 38. S. C. §34, 39. 

Neb. §94, 96. Wash. §84, 87. 

Sec. 84. [Defendants to Suits Against Assurance Fund.] If 
3uch action be brought to recover for loss or damage arising only 
through the legal operation of this act, then the treasurer of the 
State shall be the sole defendant. 

(2) But if such action be brought to recover for loss or dam- 
age arising on account of any registration made or pro- 
cured through the fraud or wrongful act of any person 
not exercising a judicial function, then both the treas- 
urer of the State and such person shall be made parties 
defendant. 
Colo. §86. N. C. §35. 

111. §102. N. Y. §428. 

Mass. §96. Ohio §105. 

Minn. §3445. Ore. §101. 

Miss. §34. S. CI §35. 

Neb. §95. Wash. §85. 

Sec. 85. [Judgments Against the Assurance Fund.] If judg- 
ment be rendered for the plaintiff in any such action, execution 
shall issue against the defendants, if any, other than the treas- 
urer of the State. 

(2) And if such execution be returned unsatisfied in whole 
or in part, or if there be no such defendants, then the 
clerk of the court in which the judgment was rendered 
shall certify to the auditor of public accounts the 
amount due on account thereof, and the same shall then 
be paid by said treasurer out of the assurance fund on 
warrant from said auditor under the special appropria- 
tion hereby made of said fund for that purpose. 



Registration Act — Annotated 113 

(3) Any person other than the treasurer of the State against 
whom any such judgment may have been rendered shall 
remain liable therefor, or for so much thereof as may 
be paid out of the assurance fund, and said treasurer 
may bring suit at any time to enforce the lien of such 
judgment against such person or his estate for the re- 
covery of any amount, with interest, paid out of the 
assurance fund as aforesaid. 

Colo. §86. Minn. §3445. 

111. §102. Ohio §106. 

Mass. §97. Wash. §85. 
Neb. §95. 

Sec. 86. [When Assurance Fund Not Liable.] The assurance 
fund shall not, under any circumstances, be liable for any loss, 
damage, or deprivation occasioned by a breach of trust, whether 
express, implied, or constructive, on the part of the registered 
owner of any estate or interest in land. 

Colo. §87. N. Y. §429. 

Mass. §101. Ohio §108. 

Minn. §3446. S. C. §38. 

Miss. §37. Wash. §86. 
N. C. §38. 

Sec. 87. [How Judgments Shall be Satisfied Out of Assur- 
ance Fund.] If at any time the assurance fund be insufficient to 
satisfy any judgment certified against it as aforesaid, the unpaid 
amount shall bear interest and be paid in its order out of any 
moneys thereafter coming into said fund. 

Mass. §98. N. C. §36. 

Minn. §3445. Ohio §110. 

Miss. §35. S. C. §36. 



PAKT XI. 

Fees for Registration. 

Sec. 88. [Fees of Registrar and Other Officers of the Court.] 
The fees payable under this act shall be as follows: 

(a) [To Registrars.] For docketing, indexing, and filing any 
original petition and exhibits therewith and publishing 



114 The Torrens System 

and mailing the notices thereof, the postage required, 
and two dollars. 

For docketing, indexing, and filing any other paper, 
twenty-five cents. 

For the entry of the original certificate of title and issuing 
one duplicate certificate and recording and indexing 
memorandum, two dollars. 

For each additional duplicate, fifty cents. 

For the registration of any writing, instrument, or record, 
or any memorial, including every act necessary therefor, 
one dollar. 
(6) [To Examiners of Titles.] For examining title and mak- 
ing report to the court, one-tenth of one per centum of 
the value of the land, and postage, and ten dollars. 51 
(c) [To Sheriffs.] For ascertaining and reporting to court 
the names and addresses of the persons actually occupy- 
ing the premises described in any petition, one dollar. 
{d) For any service of the registrars, or of any sheriff or 
surveyor not specially provided for herein, such fee as 
may be allowed by law for like services in other cases. 

Cal. §114. Neb. §100-1. 

Colo. §95-6. N. C. §30. 

111. §107-8. N. Y. §432. 

Mass. §109. Ore. §106-7. 

Minn. §3449-50. S. C. §30. 

Miss. §30. Wash. §94-5. 



PART XII. 
Application of Act. 

Sec. 89. [Referendum.] This act shall not apply to land in 
any city or county, except the city of Richmond, Petersburg, 
Fredericksburg, Williamsburg, Portsmouth, and the counties of 
Henrico, Chesterfield, Mecklenburg, Charlotte, Prince George, 
Surry, Roanoke, Cumberland, Buckingham, Brunswick, Din- 

61 Notwithstanding 111., §108, court decreed special allowance for fees 
to examiner. Tomczak v. Bergman, 269 111. 330. See also Waugh. v. 
Glos, 246 111, 604. 



Registration Act — Annotated 115 

widdie, Hanover, King William, Fairfax, Albemarle, New Kent, 
Charles City, James City, York, Warwick, Halifax, Powhatan, 
Spotsylvania, Lunenburg, Appomattox, Fluvanna, Prince Wil- 
liam, Botetourt, Goochland, Greensville, Sussex, Mathews, Mid- 
dlesex, Princess Anne, Prince Edward, Campbell, Southampton, 
Louisa and Stafford, until it shall be so determined by the votes " 
of a majority of those voting for or against the adoption thereof 
at any general or special election to be held in such city or 
county, after notice thereof shall have been duly posted for at 
least thirty days at each voting precinct in such city or county 
by order of the judge of the corporation court of such city or 
the circuit court of such county upon the petition of one hun- 
dred freeholders residing in such city or one-sixth of the quali- 
fied voters residing in such county, the question to be submitted 
by ballots upon which the words "For Land Kegistration" and 
"Against Land Registration" shall be printed, and one or the 
other of said expressions being stricken out as the voter may 
favor or oppose the act. But no such election shall be held 
oftener than once in two years. 

Sec. 89-a. Registration shall not be compulsory on the owner 
of any land in any county or city in which this law shall be 
effective. 

Sec. 89-b. In the event any person shall register his land 
under this act, and shall pledge his certificate for a loan or as 
security with any person, firm or corporation, and there shall 
be default in the conditions of such pledge, unless otherwise 
provided by contract, the said land shall only be sold in the 
county or corporation where the same or a greater part thereof 
is located, and shall be sold only after advertising the time, 
place and terms of sale for four weeks by handbills posted at 
three or more public places in such county or corporation, or 
by publication for four weeks in a newspaper having local cir- 
culation. 

52 The referendum is not unconstitutional. Legislative power is not 
"delegated," but takes effect under certain conditions. People v. Simon, 
176 111. 165. Legislature may amend act without a second referendum. 
Brooke v. Glos, 243 111. 392. And to the same effect is Waugh v. Glos, 
246 111. 604. and Mihalik v. Glos. 247 111. 597, and Culver v. Waters, 
248 111. 163. Illinois act is not unconstitutional as local law because 
only yet adopted by Cook County. Tower v. Glos, 256 111. 121. 



116 The Torrens System 

Sec. 90. This act shall be so interpreted and construed as to 
effectuate its general purpose 53 to make uniform the law of those 
States which enact it. 

53 The purpose of the statute is to provide a speedy and summary 
method of clear up title to land. Reed v. Siddall, 89 Minn. 417 ; Seeger 
v. Young, 127 Minn. 416. We think the purpose of the statute was to 
create an indefeasible title in the person adjudged to be the owner, and 
who thus becomes the original registered proprietor. Baart v. Martin, 
99 Minn. 197. Torrens laws have the general purpose to clear up and 
settle land titles, and are nothing more than an enlargement of the 
remedy to quiet title. The remedy provided is not a substitute for an 
action of ejectment. Peters v. Duluth, 119 Minn. 96. The purpose of 
the statute was to create an indefeasible title in the person adjudged 
to be the owner. The basic principle of the system is the registration 
of the title to land instead of registering only the evidences of such 
title. A title is created by the decree and certificate of registration. 
Henry v. White, 123 Minn. 182/ Citing; State v. Westfall, 85 Minn. 
437 ; Baart v. Martin. 99 Minn. 197 ; Riley v. Pearson, 120 Minn. 
210. The design of the system is to vest the title holder with a certifi- 
cate behind which outsiders need not look, as towards them, it is 
forever binding and conclusive. Lachman v. Bookfield, 135 N. Y. S. 
261. The title registration law is not for the purpose of registering bad 
titles or by the judgment of the court giving to the plaintiff a title 
which he does not have. Its object is to establish by a judgment of 
the court a fact once for all that the plaintiff has title so that there- 
after the records need not be examined. Crabbe v. Hardy, 135 N. Y. 
S. 119. The intention of the title registration act is to provide a new 
system of land registration whereby persons can ascertain by an in- 
spection of the register, in whom the title to a particular piece of 
property is vested. Partenfelter v. People, 211 N. Y. 355. The prin- 
ciple of the "Torrens System" is conveyance by registration and certi- 
ficate instead of by deed, and assimilates the transfer of land to the 
transfer of stocks in corporations. ... In this country the 
first States to adopt it were Illinois, California, Massachusetts, Oregon, 
Minnesota, and Colorado. In some of these constitutional defects were 
at first found by those courts whose judges were not favorable to the 
innovation. But the act was corrected in those States to remove the 
objections found, or succeeding judges held the act to be constitutional. 
The defendants contend that the act is "in derogation of 
common right" and should be strictly construed. It is not in derogation 
of common right, but is a remedial statute and to be liberally con- 
strued, according to its intent "so as to advance the remedy and re- 
press the evil." It seems, however, to be a very plain statute, and was 
evidently drawn with great care and doubtless after consideration of 
the numerous statutes of this kind in force in the other States and 
carefully adopting what was thus culled out of our system of law and 
procedure and to our local conditions. Cape Lookout Co. v. Gold, 167 
N. C. 63. This act is a beneficial one for the purpose of settling titles 
to real estate and to facilitate the transfer of the same without the ex- 
pense of making a new investigation and abstract of the title at each 
successive conveyance. It has operated most beneficially and satis- 
factorily in the several countries and States that have adopted it. It 
has not been looked on with favor by some who believe that the act will 
deprive them of fees for the investigation and making an abstract of 
titles, but it was passed at the demand of the farmers and owners of 
real estate to save that very expense. Its adoption was a matter of 
public policy committed solely to the legislative department of the 
Government, and with which the courts have nothing to do. But we 
find nothing in the act which can be construed as intending to cut off 
claimants of adverse titles from a full examination and decision of 
their claims. On the contrary, the act was intended to give, once for 
all, the fullest examination into all controversies over the title to the 
land set out in the petition, because thereafter the order of the court 
in such cause will be conclusive. Manufacturing Co. v. Spruill, 169 N. 
C. 618. 



RULES OF COURT 



RULE NO. 1. 

Registrars of titles and their deputies shall always act under 
the directions of the court of land registration for their respec- 
tive counties and cities, and pursuant to such rules and regula- 
tions as may be established for such court, and may at any time 
apply to such court for special directions. 

RULE NO. 2. 

The petition in each case shall be accompanied by a plan, of not 
less than 6x8 inches nor more than 7x12 inches in size, show- 
ing approximately the scale to which it is drawn, indicating the 
points of the compass, the boundaries of the land, the area thereof, 
water courses, highways, roads, rights of way, streets, and alleys, 
if any, the location and character of buildings, and the points of 
contact of adjoining tracts marked with the names of owners. 

RULE NO. 3. 

A deposit of twenty dollars shall be paid to the registrar of 
titles upon the filing of each petition, on account of costs of 
suit; the registrar shall give a receipt therefor, and shall file 
among the papers of such suit a statement showing the disburse- 
ment thereof; the balance, if any, shall be returned to the peti- 
tioner; or the registrar may demand a further deposit or deposits 
whenever necessary to meet the costs of such suit. 

RULE NO. 4. 

Whenever any duplicate certificate or duplicate transfer cer- 
tificate is delivered by the registrar to the parties entitled thereto, 
he shall require each person interested therein to sign a receipt 
therefor in his or her own handwriting, and all such receipts 
shall be preserved by the registrar for the purpose of comparison 
and the prevention of fraud or forgery in future transactions 
with the title. 



118 The Torrens System 

RULE NO. 5. 

Surveyors shall be governed by the following instructions: 
I. Surveys. 

1. The term "survey" in these instructions applies not only 
to the actual field work, but also to the preparation of the notes, 
computations and plan. 

2. A closed traverse must be made around the property, either 
upon boundary lines, upon base or transit lines from which the 
boundaries are located, or upon a combination of both. If upon 
transit lines, sufficient data from which to calculate all property 
line dimensions must be shown on the plan or filed therewith. 

3. The survey made and reported must, in every case, be an 
actual survey upon the ground, in full detail, made by or under 
the supervision of the surveyor whose name appears upon the 
plan, and must show the actual facts existing at the time. 

4. The field work must be so executed as to give complete 
information for computing and plotting the survey, without 
unnecessary computations in this office. 

5. The survey must be made not only to secure a plan showing 
the premises, but in such a manner that the boundaries as deter- 
mined by the court in the decree can be relocated on the ground 
from the data shown on the plan or filed therewith. 

II. Instruments. 

1. All surveys must be made with a transit, and one provided 
with a vertical circle is recommended. 

2. A steel tape graduated to feet, tenths and hundredths of a 
foot must be employed, and should be compared frequently with 
a standard. For measuring lines in uneven country the use of 
the vertical circle and tape is recommended, afterward reducing 
distances to the horizontal. 

3. The adjustments of the transit should be carefully looked 
after, and frequent test made to determine their accuracy. 

III. Adjoining Registered Land. 

1. On each property surveyed, inquiry should be made to de- 
termine whether or not adjoining properties have been registered. 
If so, the plans filed in the Land Registration Office or at the 



Rules of Court 119 

local registry should be examined, and the surveyor should use 
the boundary lines previously determined by the court. 

2. The number of the plan and the name of the owner of each 
adjoining registered property should be shown upon the plan. 

IV. Ways. 

1. The word "way" as hereinafter used will include all streets, 
avenues, boulevards or roads, whether public or private. 

2. Before commencing any survey in the field the lines of 
these ways, if public, should first be ascertained from the proper 
officials, and the initial points thus obtained and used should 
be shown as a part of the survey plan. 

3. Where stone bounds are shown at the termini and angles 
of public ways they should be surveyed as they exist upon the 
ground, and not compiled from the official plans. 

4. Where public ways run through property sought to be 
registered they should be surveyed, so that distances around 
each parcel can be shown. 

5. In the absence of any fixed lines of private ways it is 
recommended that stone bounds be placed at angle points or at 
beginning and end of curves, and that locus be connected with 
same. 

6. When private ways run through property sought to be 
registered, they should be connected with a public way, if such 
exists within a reasonable distance, and sufficient monuments 
located to reproduce them. 

V. Railroads. 

1. When a property being surveyed adjoins, or is intersected 
by, a railroad right of way, the base line of location should first 
be obtained and made a part of the traverse in the survey. 

2. From the base line thus surveyed show the side line location 
as of record, and locate any physical boundaries pertinent to 
the purpose. 

VI. Waters and Meander Lines. 
1. In the survey of properties bordering on tide waters, ponds, 
rivers or brooks, the traverse from which the meander lines are 
located should form a closed traverse with the lines over the 
upland. 



120 The Torrens System 

2. A meander line is an irregular or sinuous line which closely 
follows a shore or stream, and as the court does not determine 
these lines in the same sense as a line over the upland is deter- 
mined, but the properties are merely bounded by the ocean, pond 
or river, these lines need not be denned mathematically, but 
should be located by offsets or stadia, and shown on the plan as 
near as scale of same will permit. 

VII. City and County Boundaries. 

City boundary lines dividing property sought to be registered 
must be indicated on the plan as accurately as scale of same 
will permit, and when county lines or lines dividing registry 
districts are encountered, they must be accurately determined, 
as each resulting parcel must be registered separately in each 
registry district. Such properties must be surveyed as separate 
parcels. 

VIII. Azimuths or Bearings. 

1. In computing directions of lines azimuths or bearings may 
be used. When azimuths are used they should be computed 
clockwise, and zero may be referred to a meridian or to an as- 
sumed base, which could be a railroad location line, road line 
or a line between two intervisable fixed points on the locus. 

2. When bearings are used in computations the needle should 
indicate whether they are true or magnetic, and note made show- 
ing which line was used as a basis for the computations. 

3. In either method the directions of all other lines are to 
be computed from the base thus established, using the angle 
measured at each station. 

4. It is not required that the true meridian be ascertained 
by astronomical observation, but it is recommended that where 
lines in the vicinity have been determined they be used. 

IX. Triangulation Points. 

If there is a State triangulation point or town boundary stone 
within locus or in close proximity to any corner, connection 
should be made with same by triangulation or by traverse. These 
data may be shown either on plan or accompanying sketch, and 
no calculations need be made. 



Rules of Court 121 

X. Monuments. 

1. There should be two or more permanent monuments upon 
or near each locus, and connected with the survey, that could be 
used at any future time to relocate the boundary lines. 

2. Where a street or railroad location is monumented, if the 
two bounds marking the termini of a tangent or curve are in- 
tervisable, they should be used as a base line for the survey. 
In the absence of bounds the surveyor should set them either 
at above-named points or at intervisable lot corners, and mark 
them station 1 and 2, respectively, in tabulating his traverse. 

3. Each monument set by a surveyor should be, where the 
ground will allow, of stone or cement of such a nature as to 
prevent displacement or erosion for many years. It should be 
about six inches square on top and such a length that when 
set into the ground the base will be below frost line. It should 
have a drill hole or cross cut in its top, and in absence of same 
the point made by the intersection of its diagonals will be used 
unless otherwise noted upon the plan. Where points fall upon 
bowlders or ledge, a drill hole should be made, and if at a point 
used for both traverse and a property corner, an iron rod should 
be placed therein. 

4. In setting bounds ordered by the court, it is recommended 
that for marking termini of lines of ways the bounds be set 
entirely in the way; if for side lines of ways, the middle of back 
edge to be correct; if at a street corner, one corner of bound 
to be correct; and if on an offset line, a drill hole in the top to 
be correct. On property lines and lot corners the bounds should 
be set so that the center is correct. 

5. In making out a certificate certifying that a bound has 
been set as ordered, make a rough sketch on the same, indicating 
part of bound which marks the point. 

6. When stone bounds are set by order of petitioner after 
decree has been entered, it is recommended that a record of their 
location be filed in this office by the surveyor under whose direc- 
tion the bounds were set. 

XI. Rectangular Co-ordinates. 

1. The systems used are latitudes and departures and x's and 
y's; but where positions are referred to assumed axis (not 



122 



The Torrens System 



meridian lines) it is recommended that the system of azimuths 
and x's and y's be used. The azimuth of the base line should 
be 0, and all azimuths read clockwise. The distances known as 
x's and y's should have algebraic signs in their respective quad- 
rants, as indicated on the following sketch: 





t 






x+ 


o 

o 




x+ 


Y+ 


o> 

N 
< 




Y- 


<- Az. 0° 






Az. 180° -► 


X- 




ro 

3 

o 


X- 

Y- 



2. When survey plans show co-ordinate positions of points 
on the boundary line, they must also show bearings and distances 
between them. 

XII. Classification of Surveys. 

For the purpose of standardizing surveys that are reported, 
they will be classified as follows: Class A, B, C, D and E; and 
the surveyor, knowing the location, valuation, etc., must use his 
judgment in classifying the same. 

Class A. — City surveys will include properties which lie in the 
city or town proper where the lines are middle of partition walls, 
face of buildings, etc., and where extreme accuracy is desired. 

Class B, — Suburban surveys will include properties which lie 
in the residential districts, and will include one lot or an estate 
containing several lots. 



Rules of Court 123 

Class C. — Country surveys will include properties occupied as 
country estates, which may or may not be subdivided in the near 
future. 

Class D. — Farm surveys will include properties used for agri- 
cultural purposes and which are distant from a town or city 
center. 

Class E. — Timber surveys will include all properties not classi- 
fied above, such as isolated land and mountain tracts. 

XIII. Eerob in Angular Measurement. 

1. In running traverse lines and establishing traverse stations 
a semi-permanent point should be used which could be found for 
future relocation, or to check any portion of the work before the 
survey is finished. For these points a large spike, wooden plug 
or drill hole in a ledge or bowlder should be used. 

2. All angles should be doubled, to eliminate error of .first 
reading, and the number of times of repetition beyond this will 
depend upon the length of lines and accuracy desired. 

3. In classes A and B the total error of closure, expressed in 
minutes, should not exceed .5 V number of angles; Class C 



V number of angles and classes D and E V3 number of angles. 
4. The adjustment of angles should be made by the party do- 
ing the field work, and his judgment be used as to whether the 
error should be distributed proportionately, placed between short 
lines or in difficult readings. 

XIV. Katio of Closure. 

1. The ratio of closure as hereinafter mentioned will be ex- 
pressed in the form of a fraction, with 1 as the numerator. It 
will be determined by the following formula: 

1 



Error of closure as- 



measured length of all lines of closed traverse 



Where error of closure = V ( error in lat. ) 2 -f- ( error in dep. ) 2 



or= V (error in sines) 2 -f- (error in cosines) 2 
2. Class A. — The ratio of closure of these surveys should not 
exceed 1:10000, but when we receive the finished product, errors 
adjusted, the results should be exact. 



124 The Torrens System 

3. Class B. — The ratio of closure of these surveys should not 
exceed 1:8000. 

4. Class C— 1:5000. 

5. Class D— 1:3000. 

6. Class E. — 1:1500. 

XV. Computations. 

1. The class of survey, date, location and name of surveyor 
must be placed at the top of each sheet and filed in the office of 
the registrar of titles, as a part of the plan. 

2. The angles must be computed and corrected, ratio of closure 
determined and errors in latitudes and departures balanced on 
forms approved by this office. 

3. In surveys where the traverse filed represents property lines 
themselves, and is the result of office computations, use form 1 
or 2. There should be no error in these traverses. 

4. In surveys where the traverse is on transit lines, or partly 
on transit and partly on property lines show measured angles, 
corrected angles, azimuths or bearings, distances, computed lati- 
tudes and departures ( or sines and cosines ) , ratio of closure and 
balanced results, use calculation form 3 or 4. 

5. The adjustment of the traverse, the same as the adjust- 
ment of the angles, as mentioned in subject XIII, paragraph 4, 
should be made by the party doing the field work. If in his 
judgment the error should be distributed proportionately through- 
out the traverse, the latitudes and departures, or sines and 
cosines, shall be balanced in the following manner: 

As the arithmetical sum of all the latitudes (or departures) is 
to any one latitude (or departure), so is the whole error in lati- 
tude (or departure) to the correction to the corresponding lati- 
tude (or departure), each correction being so applied as to 
diminish the whole error in each case. 

6. All computations to be computed to the nearest hundredth 
of a foot. 

XVI. Making of Plans. 

1. The plan must be made upon tracing cloth. 

2. The sizes to be 18 by 24 inches or 24 by 36 inches, beyond 
which any convenient size may be used. 



Rules of Court 125 

3. The title must state the location, scale, date, name and 
address of surveyor. 

4. The plan must show north point, area, town or county 
lines, names of adjoining owners, passageways, official street 
lines, fences, walls, buildings, boundary monuments (using proper 
conventional signs ) , and any other natural monuments pertinent 
to the purpose. 

5. The scale used must be such as to show clearly all data 
necessary. 

6. The area may be by calculation or by scale, and if by scale 
affix the sign + . 

7. In addition to buildings on locus, show such part of all 
buildings and other physical features on adjoining land that are 
within ten feet of boundary line. 

8. Show the boundaries of the property, dimensions and all 
physical features pertinent to the location of it in black, all 
traverse lines and surveying data in red. 

9. The plan must have plainly indicated on it the manner in 
which each corner, property line and reference point is marked 
upon the ground. This information is very essential, for the 
reason that respondents often object to a plan and survey for 
the reason that a stone bound, partition wall, retaining wall, or 
other object used to mark a boundary, has been erroneously in- 
cluded or excluded. On this account careful inquiry should be 
made to determine the ownership of such boundary monuments. 

10. The parcel sought to be registered must be enclosed within 
a blue tint. Where colors are used to distinguish buildings, 
water, etc., and blue is used for water, enclose parcel with a 
green tint. 

11. The property should be oriented upon the plan in such 
a manner that the top is in a general northerly direction. 

XVII. Making Subdivision Plans. 

1. Each decree issued by the court and sent to the registry is 
accompanied by a decree plan, which is a copy of a part of the 
plan filed with the petition, and shows the lines as determined 
and approved by the court. The title number and plan letter 



126 The Torrens System 

appear in the upper right corner, which should be referred to in 
asking for or making a subdivision plan. 

2. The sizes to be 8^ by 11 inches, 18 by 24 inches, 24 by 
36 inches, beyond which any convenient size may be used. 

3. This plan should show facts as they exist upon the ground 
at the time of subdivision, using proper conventional signs and 
showing sufficient data to connect it with the original decree plan. 

4. It should in every other respect conform to the instruc- 
tions issued for making plans to accompany petitions, and should 
show all data necessary to calculate or reproduce any or all of 
the lines shown thereon. 

XVIII. Surveyor's Certificate. 

This certificate must be written or printed on each survey plan 
accompanying petition, and signed. 

I certify that this survey was made in accordance with instruc- 
tions of the Court of Land Registration for the 

of 

Date, 



Surveyor. 
XIX. Sketch Plan. 



1. All surveys reported are indicated upon atlases in the office 
of the registrar of titles by enclosing the property within a blue 
tint and showing the title number. These atlases may be used by 
surveyors and the public if they wish to ascertain if certain 
properties are registered. 

2. When surveys reported are not easily located they should 
be accompanied by a sketch traced from the county or State 
atlases, showing its location. 

XX. Tie Lines. 

1. In classes A and B the survey should be connected with 
other surveys of registered land in the immediate vicinity. 

2. In classes C, D and E the survey should be connected with 
other surveys of registered land that lie within 500 feet of any 
corner. These data may be put on plan or filed as data on back 
of calculation sheet. 




mark V BRICK 



WOOD 

mark v*****„s*77*j,*s,****„ 



Rules of Court 127 

XXI. Conventional Signs fob Court Plans. 
Buildings, either of three methods: 

1. Graphical, brick (along the face) . . Etx h" i . . _ 

wood (along the face) 

stone (along the face) 

brick partition walls ? ////// ZZ7 

(cross hatch) 

2. Colors. 

3. Descriptive, brick, hatch edge and 

mark 

wood, hatch edge and 

mark 

stone, hatch edge and •> 

. V, STONE 

mark Y//////////////////////r 

Stone wall 

Faced wall or retaining wall. 

Fence 

Fence, where posts are to be shown g. 

Town, or county boundary line. 

Private ownership line 

Private ownership line, where it is not ... 

advisable to use a full line 

Stone bound ■ 

Stone bound, where property lines intersect a — — - 

Stone bound, marking a P. C. or P. T. . . -■ jjp 

Stone bound, at intersection of streets. . gj 

Triangulation station ^ 

Transit point © 

Stake B 

Mean high-water line 

True meridian *> (& »*— < 

Magnetic meridian A . ^ - 







128 The Torrens System 

XXII. Abbreviations foe Court Plans. 

Angle Ang. 

Avenue Ave. 

Azimuth Az. 

Brick base bk. b. 

Base board b. b. 

Center c. 

Corner board c. b. 

Crow foot c. f . 

Column Col. 

Cosine Cos. 

Departure Dept. 

Drill hole d. h. 

Degree ° 

East E. 

Granite base gr. b. 

Horizontal „ Hor. 

Latitude Lat. 

Longitude Long. 

Minute ' 

Monument Mont. 

North N. 

Public Pb. 

Private Pri. 

South S. 

Sine Sin. 

Stake stk. 

Street St. 

Stone bound S. B. 

Stone base st. b. 

Spike spk. 

Square Sq. 

Second " 

Tack tk. 

Transit Tr. 

Vertical Vert. 

West W. 



FORMS 

Form 801— PROCESS. Uniform Land Registration Act, Sees. 7, 10, 19, 31. 

COMMONWEALTH OF VIRGINIA 

Court of Land Registration for the of 

To the Sheriff of the of. Greeting: 

Whereas, , ha filed a peti- 
tion in our said Court under the Uniform Land Registration Act, 
for the settlement, registration, transfer and assurance of title 
to all that parcel of land 

Now, Therefore, We Command You to serve a copy of this writ 

upon , summoning them to 

appear before our said Court on the day of , 19 , 

to do what may be necessary to protect their interests in 
said proceedings; and have then there this writ, and make re- 
turn how you have executed the same. 

Witness, , Registrar of our said Court, 

in the and State aforesaid, the day of , 

19...., and in the year of the Commonwealth. 



Registrar of Title 
for the of. 



Form 802— TRIAL BY JURY. Uniform Land Registration Act, Sec. 8. 

COMMONWEALTH OF VIRGINIA 
Court of Land Registration for the of 



(petition no 
order for trial by jury 

On the motion of it is ordered that an 

issue be made up and tried at the bar of this Court to ascertain 
and determine 

And it is ordered that on the trial of the said issue, the said 

— shall maintain the affirmative, and the 

said shall maintain the negative; and 

that be summoned to attend this Court 

on the day of , 19...., at o'clock, as jurors, 

to try the said issue. 

129 



130 The Torrens System 

Form 803— PETITION FOR REHEARING. Uniform Land Registration Act 

Sec. 11. 

COMMONWEALTH OF VIRGINIA 
Court of Land Registration for the of 



I petition no 

VS. I PETITION FOR REHEARING 

. All Whom it May Concern J 

Petitioner, respectfully prays for a 

rehearing of the order entered in this cause on the day of 

, 19...., for the following reason: 



Petitioner. 



Form 804— BILL OF REVIEW. Uniform Land Registration Act, Sec. 11. 

COMMONWEALTH OF VIRGINIA 
Court of Land Registration for the of 



(PETITION no 
BILL OF REVIEW 

Complainant respectfully 



show....unto the Court: 

(1) That the original Petition No was filed in this 

cause on the day of , 19....; that complainant 

.— that a final decree was en- 
tered herein on the day of , 19...., and duly 

registered in the Register of Titles Book No , p 

(2) That said decree is erroneous in the following respects:.... 

(3) That this Bill is filed within 90 days since the entry of 
said decree. 

(4) That complainant....claim....the following interest in the 
land registered, as aforesaid:... ... 

Wherefore, Complainant... _pray....that said decree may be 
reviewed and set aside, and that the rights of all persons inter- 
ested in said land may be protected. 



Complainant. 

Counsel. 



Forms 131 

Form 805— ORDER CONCERNING JUDGE. Uniform Land Registration Act, 

Sec. 13. 

COMMONWEALTH OF VIRGINIA 
Court of Land Registration for the of... 



[ petition no 

vs. { order concerning judge 

All Whom it May Concern J 
The Judge of this Court being so situated as to render it im- 
proper, in his judgment, for him to decide this case, or to preside 
at any trial thereof, it is ordered that this fact be entered of 
record by the Registrar of this Court, and at once certified by 
him to the Governor, in order that another judge of a Court of 
Record may be designated, according to law, to hold court in 
all proceedings in this case. 



Form 806— BOND OF REGISTRAR. Uniform Land Registration Act, Sec. 14 (3). 

COMMONWEALTH OF VIRGINIA 
Court of Land Registration for the of 

$ 

Know all men by these presents, That we, 

as principal, and 



as sureties, are held and firmly bound unto the Commonwealth 

of Virginia, in the just and full sum of Dollars, 

for the payment whereof, in lawful money of the United States, 
we severally and jointly bind ourselves, our heirs, and personal 
representatives; and we hereby waive the benefit of our home- 
stead exemption as to this obligation, and also any claim or 
right to discharge any liability to the Commonwealth arising 
under this bond, or by virtue of the office for which this bond is 
given, with coupons detached from bonds of this State. Sealed 

with our seals, and dated this day of... , 19 

The condition of the above obligation is such that whereas the 

said has become Registrar of Titles for 

the of , under the Uniform Land 

Registration Act; 

Now, Therefore, If he shall well and faithfully perform the 
duties of such office, the above bond shall be void; otherwise to 
remain in full force and virtue. 

...[Seal] 

...[Seal] 

...[Seal] 



132 The Torrens System 

Form 807— APPOINTMENT OF EXAMINER. Uniform Land Registration Act 

Sec. 16. 

COMMONWEALTH OF VIRGINIA 

Court of Land Registration for the of 

Court House 

19.... 

Present: 

The Honorable , Judge of said Court. 

The Court appoints , Attorney at Law, 

Examiner of Titles in the of 

And thereupon said made oath faith- 
fully to execute the duties of the said office to the best of his 
skill and ability and according to law. 



Form 808— SPECIAL EXAMINER. Uniform Land Registration Act. Sec. 16. 

COMMONWEALTH OF VIRGINIA 
Court of Land Registration for the of 

(petition no 
appointment of special 
examiner of titles 

On motion of and it being shown to the 

Court that , Attorney at Law, is not 

counsel for the petitioner...., he is hereby appointed Special 
Examiner of Titles for this case. 

And thereupon said made oath faith- 
fully to execute the duties of such office to the best of his skill 
and ability and according to law. 



Forms 133 

Form 809— OATH OF EXAMINER. Uniform Land Registration Act, Sees. 10, 16. 

COMMONWEALTH OF VIRGINIA 

Court of Land Registration for the of 

Court House, 

...., 19 

I, , do solemnly swear that I will faith- 
fully, and well and truly execute the duties of Examiner of Titles 
under the Uniform Land Registration Act, and the rules of Court 
established thereunder, to the best of my skill and ability, accord- 
ing to law. So help me God. 



Sworn to and subscribed before me, this _ day 

of , 19 



Registrar of Title 
for the of 



Form 810— PROCEEDINGS BEFORE EXAMINER. Uniform Land Registration 

Act, Sec. 16 (3). 

COMMONWEALTH OF VIRGINIA 
Court of Land Registration for the of 

(PETITION NO 
PROCEEDINGS BEFORE EXAMINER 
OF TITLES 

Office Of 

, 19 

Present: 

Absent: 

to whom notice was given inviting to be present 

if desired. 

— - , a witness, of lawful age, being first 

duly sworn, deposes and says as follows: 

1st Q. by the Examiner: _. _ _ 

Ans: 

2d Q. by the Examiner: 

Ans: 

[Note all proceedings, adjournments, etc.] 

Certificate of Examiner 
I hereby certify that the foregoing depositions were duly taken, 
as set forth therein. 



Examiner of Titles. 



134 The Torrens System 

Form 811— PETITION. Uniform Land Registration Act, Sec. 17. 

COMMONWEALTH OF VIRGINIA 
Court of Land Registration for the of 



f PETITION NO 

FOR REGISTRATION OF TITLE 
■ 

The petition of 

[Notel] 

respectfully shows unto the Court the following case: 

First : Petitioner... claim....to own 

[Note 2] 

an estate in fee simple in the land hereinafter described. 

Second: Petitioner 

lNote3] 

Third: The land is described as '. 

Fourth: There are improvements on said land, as follows:.... 

Fifth: Said land is described and valued on the land book in its 
last assessment for taxation as follows: 

(1) Described as 

(2) Assessed at — Land --------- $ 

Buildings ------- $ 

Sixth: Said land was acquired from 

Seventh: Said land is occupied by 



Eighth: The following is an enumeration of all known liens, 
interests, and claims, adverse or otherwise, vested or contin- 
gent, including easements and rights of way: 

Ninth: The full names and addresses, so far as known, of all 
persons who may be interested, including occupants and adjoin- 
ing owners, are: 

Tenth : Petitioner....file....herewith : 

(1) A plan of the property, made in accordance with the rules 
of Court. 

(2) A notice of lis pendens, to be recorded and indexed, in ac- 
cordance with the statute. 

(3) - 

Note 1. Insert names, and state disability, if any. 

If an infant — "who sues by , next friend (or guardian)." 

If insane — "who sues by , committee." 

If a cestui que trust — "who sues by , trustee." 

If a corporation — "who sues by , its officer authorized by 

resolution of its Board of Directors to bring this suit." 
Note 2. "Claiming (singly or collectively) to own, or to have the power of appoint- 
ing or disposing of, an estate in fee simple in any land, whether subject 
to liens or not." State the facts. 
Note 3. State whether resident or non-resident. If non-resident — "and hereby 

appoints , a resident of the 

of , as agent upon 

whom process and notice may be served." 



Forms 135 

(4) — 

(5) ----- - 

(6) 

(7) - - --- - 

(8) _ 

(9) 

(10) _ 

Eleventh: Petitioner....desire.... to have the boundaries of the 
following streets, alleys, highways, private roads, railways, and 
rights of way, adjacent to or located within the bounds of said 
land, determined, to-wit: 

Twelfth: And Petitioner__._pray.— that proper process may be 
issued against 

and against all persons appearing to have any interest in, or 
claim against, the said" land; that order of publication may be had 
in accordance with the statute against 

and "To all whom it may concern;" that all proper notices may 
be given by mail, by posting on the land, and otherwise; that 
such personal service of process as is required shall also be made; 
that the land may be duly surveyed, and durable bounds be set 
thereon; that all proper decrees and orders may be entered; that 
the rights of petitioner.. ..may be established, and that final de- 
cree of comfirmation and registration of petitioner's title shall be 
entered, binding the land and quieting the title thereto; said 
decree to be forever binding and conclusive upon all persons, 
resident and non-resident, including the State, whether men- 
tioned by name in the order of publication or included under the 
general description, "To all whom it may concern;" and said 
decree in all respects and in every effect to be in accordance with 
said Uniform Land Registration Act. 
And petitioner.. ..will ever pray. 



Counsel. 
STATE OF VIRGINIA: 



of 

I,-- , of the. ...of , do 

certify that , whose name 

....signed to the foregoing petition under the Uniform Land 

Registration Act, ha appeared before me in my said , 

and made oath that the statements therein made of own 

knowledge are true, and that all statements made therein upon 
knowledge or information derived from others are believed by 
to be true. 

Given under mv hand, this day of , A.D. 

19 



136 The Torrens System 

Form 812— NOTICE OF EXAMINER. Uniform Land Registration Act, Sec. 16 (3). 

COMMONWEALTH OF VIRGINIA 
Court of Land Registration for the .of 



(petition no 
notice of hearing before 
examiner of titles 

Office Of . 

- ,19-- 

To 

Take notice that proceedings will be begun at my said office on 

the day of , 19...., at the hour of M., and 

be continued from time to time until completed, for the investiga- 
tion of all facts stated in said petition, or otherwise brought to 
my attention, for report to the Court, pursuant to the Uniform 
Land Registration Act, concerning the title to.._ 



Examiner of Titles. 



Form 813— REFERENCE TO EXAMINER. Uniform Land Registration Act, 

Sees. 16, 25. 

COMMONWEALTH OF VIRGINIA 
Court of Land Registration for the .of 






PETITION no 

VS. I REFERENCE TO EXAMINER 

All Whom it May Concern J of titles 

Upon Petition No , filed by , in 

this Court, which appears to be in due form, is accompanied by a 
plan made in accordance with the rules of Court, and has been 
docketed, numbered and indexed, as required by the statute, the 

Court hereby refers the same to.... , Examiner 

of Titles, who shall, in accordance with law and the rules of 
Court, examine and report on all that certain parcel of land in the 
of _ , described as follows :....'. 



Forms 137 

Form 814— REPORT OF EXAMINER. Uniform Land Registration Act.Secs. 16,26. 

COMMONWEALTH OF VIRGINIA 
Court of Land Registration for the .of.... 



. I petition no 

VS. [ REPORT OF EXAMINER OF TITLES 

All Whom it May Concern ) 

Office of 

- - ,19 

To the Honorable _ , Judge of said Court: 

I respectfully state to the Court that I have searched the 
records and investigated all facts stated in the petition aforesaid, 
or otherwise brough to my notice, and I submit herewith: 

1. An Abstract of title to the land made from the record, and 
all other evidence that could reasonable be obtained by me, 
marked "Exhibit No. 1." 

2. Full extracts from the records to enable the Court to decide 
the questions involved, marked "Exhibit No. 2." 

3. The names and addresses, so far as ascertained, of all persons 
interested in the land, as well as occupants and adjoining 
owners, showing their several interests, and indicating upon 
whom and in what manner process should be served or 
notice given in accordance with provisions of the Uniform 
Land Registration Act, marked "Exhibit No. 3." 

And I hereby certify to the Court, that having examined the 
title to the land mentioned in said Petition, I find that the 

Petitioner 

an estate in fee simple in said land, subject to — 

Restrictions: Liens: 

Easements: Lease, Dower or Life Estate: 

Party Walls: Appurtenant Rights or Privileges :.... 

Legacies: Highway Boundaries:... 

Mortgages: Taxes: 

Attachments :.... Other Comments : 



Examiner of Titles. 



Form 815 — PLAN. Uniform Land Registration Act, Sec. 21 (6). 

COMMONWEALTH OF VIRGINIA 
Court of Land Registration for the of 



I petition no 

VS. PLAN WITH PETITION 

All Whom it May Concern J 
Plan or sketch of land filed with the Petition, showing location 
and boundaries: 



138 The Torrens System 

Form 816— SCHEDULE OF DOCUMENTS. Uniform Land Registration Act, Sec. 21. 



COMMONWEALTH OF VIRGINIA 
Court of Land Registration for the of 

' PF/TTTTON TSTO. 


1 


VS. j SCHEDULE OF DOCUMENTS 

All Whom it May Concern J 


?, 




3.. 




4 


5 


6 


7 ; 





Form 817— LIS PENDENS. Uniform Land Registration Act, Sec. 23. 

COMMONWEALTH OF VIRGINIA 
Court of Land Registration for the of 



; petition no 

i notice of lis pendens 

Notice is hereby given that a Petition has been filed in the 

Court of Land Registration for the of , 

by vs. All Whom it May Concern, for the 

settlement, registration, transfer and assurance of title, under 

the Uniform Land Registration Act, to all parcel.... of land 

in the of , described as follows: 

Those to be affected by proceedings under said Petition are 

stated therein to be '. , owner of the land 

aforesaid; owners of ad- 
joining lands; , claiming certain ease- 
ments; the Commonwealth of Virginia, and the of 

, claiming certain highway rights; and all whom 

it may concern. 



Petitioner. 

Subscribed and sworn to before me, this day of 

, 19 



Registrar of Title 
for the of. — 



Forms 139 

Form 818— EXAMINER'S ABSTRACT. Uniform Land Registration Act,Sec.26 (1). 

COMMONWEALTH OF VIRGINIA 
Court of Land Registration for the of 



(petition no..... 
examiner's abstract of title 

Exhibit No. 1, with report of Examiner of Titles 

Description of land: 

Chain of Title : 

Given under my hand, this -day of , 19 



Examiner of Titles. 



Form 819— EXAMINER'S EXTRACTS. Uniform Land Registration Act, 

Sec. 26 (2). 

COMMONWEALTH OF VIRGINIA 
Court of Land Registration for the of 



petition no 

examiner's extract from 
All Whom it May Concern J the records 

Exhibit No. 2, with report of Examiner of Titles: 

Given under my hand, this day of.. , 19 



Examiner of Titles. 



Form 820— PROCESS DIRECTIONS. Uniform Land Registration Act, Sec. 26 (3) 

COMMONWEALTH OF VIRGINIA 
Court of Land Registration for the of 



(petition no 
examiner's directions 
for process 
Exhibit No. 3, with report of Examiner of Titles: 

1. Persons interested in the land: _ 

2. Occupants of the land: 

3. Adjoining owners: _ 

4. How process should be served: 

Given under my hand, this day of... , 19 



Examiner of Titles. 



140 The Torrens System 

Form 821— ORDER FILING REPORT. Uniform Land Registration Act, 

Sees. 27, 28. 

COMMONWEALTH OF VIRGINIA 
Court of Land Registration for the of 



J petition no 

OKDER FILING REPORT OF 
EXAMINER 

The report of , Examiner of Titles, 

dated , 19...., and the Exhibits Nos. 1, 2 and 3 there- 
with, being an Abstract of Title, Extracts from the Records, and 
Directions for Process, appearing to be in due form, it is ordered 
that the same be filed. 



Form 822— ORDER OF PUBLICATION. Uniform Land Registration Act, Sec. 27. 

COMMONWEALTH OF VIRGINIA 
Court of Land Registration for the of 



(PETITION no 
ORDER OF PUBLICATION, IN REM 

Notice is Hereby Given, That the Petition indicated above has 
been filed in this Court under the Uniform Land Registration 
Act, for the settlement, registration, transfer and assurance of 
title to all that parcel of land... _ _ , 



that the Examiner of Titles to whom this case was referred has 
reported that the Petitioners and _ 

are shown to be the persons interested therein; that 

are shown to be the occupants thereof; that 



are shown to be adjoining owners. 
And it is ordered that the above-named persons and All Whom 

it May Concern appear before this Court, on the day of 

..., 191...., and do whatever may be neeessary to protect 

their interest. 

A true copy — Attest: 

Registrar of Title 
for the of. 



Forms 141 



Form 82J— ORDER FOR PROCESS. Uniform Land Registration Act, 

Sees. 28, 29, 30, 31. 

COMMONWEALTH OF VIRGINIA 
Court of Land Registration for the of 



(petition no 
order for process 

The report of the Examiner of Titles having been filed, and the 
Order of Publication having been entered, it is ordered that said 
Order of Publication be posted; that a copy thereof be mailed 
by registered letter demanding a return to 



that an attested copy thereof be posted in a conspicuous place, 
by the Sheriff, on each parcel of land included in the petition in 
this cause; that said Sheriff go upon the lands and ascertain and 
report to Court the names and addresses of any person, or per- 
sons, actually occupying the premises, indicating such occu- 
pants, if any, as are on the premises under any adverse claim of 
title; that a copy of said Order of Publication be delivered by 
the Registrar to the proper attorney for the State, county, or 

city, to-wit: To and that 

personal service of process be made by the Sheriff on 



Form 824— NOTICE BY MAIL. Uniform Land Registration Act, Sees. 28, 30, 33. 

COMMONWEALTH OF VIRGINIA 
Court of Land Registration for the.— of 



(petition no 
notice by mail 

Registrar's Office , 19 

I hereby certify that I have this day sent a copy of the Order 
of Publication in this case by registered mail, demanding a re- 
turn, to every person interested, named in the petition or in the 
report of the Examiner of Titles, whose address is given or 

known; and that I have delivered a copy thereof to Attorney 

and to Attorney 



Registrar of Title 
for the of. 



142 The Torrens System 

Form 825— NOTICE BY POSTING. Uniform Land Registration Act, Sees. 29, 33. 

COMMONWEALTH OF VIRGINIA 
Court of Land Registration for the of 



I petition no 

VS. I NOTICE BY POSTING 

All Whom it May Concern J 

Sheriff's Office ., 19 

I hereby certify that on the .....day of , 19...., I 

posted an attested copy of the Order of Publication in this case 
in a conspicuous place on each parcel of land included in the 
petition aforesaid. 

I further certify that on the day of , 19...., I 

went upon the lands referred to in above Petition, and ascer- 
tained, and now report to the Court, the names and addresses of 
the persons actually occupying the premises, indicating such as 
claim by adverse title, as follows: 
Names: Addresses: 



Sheriff. 



Form 826— PROOF OF PUBLICATION. Uniform Land Registration Act, 

Sees. 34, 71. 

COMMONWEALTH OF VIRGINIA 
Court of Land Registration for the of 



I petition no 

VS. f PROOF OF PUBLICATION 

All Whom it May Concern J 
I, of , a news- 
paper published in the of , hereby certify that 

the Notice hereto attached was published in said newspaper 
once a week for four successive weeks, the first publication 

thereof being on the day of , 19...., and the last 

publication being on the day of ., 19 



Editor or Business Manager. 

Sworn to and subscribed before me, this day of 

., 19.... 



[Any officer authorized by law to administer oaths] 



Forms 143 

Form 827— GUARDIAN AD LITEM. Uniform Land Registration Act, Sees. 34, 35. 

COMMONWEALTH OF VIRGINIA 
Court of Land Registration for the. of 



. I PETITION NO... 

VS. J ORDER APPOINTING GUARDIAN 

All Whom it May Concern J ad litem 

It appearing to the Court that fifteen days have elapsed since 
the completion of the publication and posting of the Order of 
Publication in this cause, the same is hereby set down for hearing. 

And thereupon the Court appoints , a 

discreet and competent attorney at law, of the... of 

, as guardian ad litem, for 

and for all persons under disability, not in being, unascertained, 
unknown, or out of the State, who may have or appear to have an 
interest in or claim against the land involved in these proceedings. 



Form 828— ANSWER OF GUARDIAN AD LITEM. Uniform Land Registration 

Act, Sec. 36. 

COMMONWEALTH OF VIRGINIA 
Court of Land Registration for the of 



petition no 

answer of guardian ad litem 
All Whom it May Concern J 
The Answer of , guardian ad litem of 

and for all persons not in being, unascertained, unknown, or out 
of the State, who may have, or appear to have, an interest in or 
claim against the land involved in this cause: 

1. In behalf of the said 

guardian ad litem says 

2. In behalf of the other parties represented by him, the said 
guardian ad litem says that they are unknown, and that he has 
been unable to ascertain who they are or to bring them personally 
before the Court, and that he submits their interests, if any, to 
the protection of the Court. 



Guardian ad litem. 

Sworn to and subscribed before me, this day of 

- , 19 



Registrar of Title 
for the of. 



144 The Tor reus System 

Form 829— ANSWER TO PETITION. Uniform Land Registration Act. Sees. 36,37 

COMMONWEALTH OF VIRGINIA 
Court of Land Registration for the.... of 



(petition no 
answer of 

The Answer of , defendant.... 

named in the Petition and Order of Publication in this cause: 
Respondent....say_... : _ 



Respondent. 

Counsel. 

Sworn to and subscribed before me, this day of 

, 19 



Registrar of Title 
for the.. of. 

[Any officer authorized by law to take oaths.] 



Form 830— ORDER WAIVING OATH TO ANSWER. Uniform Land Registration 

Act. Sec. 37. 

COMMONWEALTH OF VIRGINIA 
Court of Land Registration for the._ of 



(PETITION NO. 1 
ORDER DISPENSING WITH 
OATH TO ANSWER 

On motion of by counsel, good cause 

therefor being shown to the Court, it is ordered that the Answer 
of said claimant... may be filed in this cause without being per- 
sonally signed and sworn to by 



Form 831— ORDER FILING ANSWER. Uniform Land Registration Act. 

Sees. 36, 42 (2), 24. 

COMMONWEALTH OF VIRGINIA 
Court of Land Registration for the of 



I PETITION NO 

VS. I ORDER FILING ANSWER 

All Whom it May Concern J 

It is ordered that the Answer of 

be filed, docketed, numbered, dated, and indexed, in accordance 
with the provisions of the Uniform Land Registration Act. 



Forms 145 

Form 832— SECOND REFERENCE. Uniform Land Registration Act, Sec. 38. 

COMMONWEALTH OF VIRGINIA 
Court of Land Registration for the of 



! petition no 

second reference 

The Court being of opinion that further investigation should be 
made with reference to the rights of all persons appearing to have 
any interest in or claim against the land involved in these pro- 
ceedings, this cause is hereby again referred to , 

Examiner of Titles, who is required to take further proof and to 

report to the Court upon the following specified matters: 

(1) Whether 



(2) Whether 

(3~Whethe£"~ 

Form 833— ORDER OF SURVEY. Uniform Land Registration Act, Sec. 39. 

COMMONWEALTH OF VIRGINIA 
Court of Land Registration for the of 



- I petition no 

VS. f ORDER OF SURVEY 

All Whom it May Concern J 

It is ordered by the Court that ; , 

a competent surveyor hereby appointed by the Court for the 

fmrpose, shall, after... days' notice to owners of the adjoining 
ands, survey the land mentioned in the Petition in this cause, 
and described in the report of the Examiner of Titles herein, 
shall set durable bounds thereto, and make a plat thereof to be 
filed among the papers of this suit. But it appearing that 

are non-residents who have already been notified in accordance 
with law by the Order of Publication herein, no further notice 
to is required. 



146 The Torrens System 

Form 834— SURVEYOR'S REPORT. Uniform Land Registration Act, Sec. 39. 

COMMONWEALTH OF VIRGINIA 
Court of Land Registration for the of 



(petition no 
surveyor's report 

I respectfully report to the Court that, acting under the order 

entered in this cause on the..... day of , 19...., I have 

surveyed the land involved in these proceedings after giving 
days to .... 

and that I have set durable bounds thereto, as shown by the 
plat returned herewith to be filed among the papers of this suit. 



Surveyor's fee, $ Surveyor. 



Form 835— DISMISSAL OF PETITION. Uniform Land Registration Act, Sec. 40. 

COMMONWEALTH OF VIRGINIA 
Court of Land Registration for the of.. 



petition no.... 
vs. i dismissal 

All Whom it May Concern J 
It is ordered by the Court that the Petition in this cause be 
dismissed without prejudice, on the motion of the Petitioner...., 
upon the payment by of the costs herein. 



Form 836-AMENDMENT OF PETITION. Uniform Land Registration Act, 

Sec. 41. 

COMMONWEALTH OF VIRGINIA 
Court of Land Registration for the .of 



PETITION NO.— 

VS. AMENDMENT OF PETITION 

All Whom it May Concern j 
Acting upon the suggestions made in the report of the Exam- 
iner of Titles in this case, it is ordered by the Court that 

be made parties defendant hereto, in addition 

to those mentioned in the petition, and be served with process 
in accordance with the requirements of the Uniform Land Regis- 
tration Act; and the Petition in this cause is hereby amended 
accordingly. \ 



Forms 147 

Form 837— AMENDED PETITION. Uniform Land Registration Act, Sec. 41. 

COMMONWEALTH OF VIRGINIA 
Court of Land Registration for the of 



(petition no 
amended petition 

Petitioner..._respectfully submit ...amended Petition, 

as follows: 

First: Petitioner... .show....unto the Court that since filing 

original Petition herein, .ha learned that 

may have an interest in said land and should be made 

parties to this cause. 

Second: That the true description, location, and boundaries of 
said land are as follows: 

Third: That the occupants of said land....are 



Fourth: That the adjoining owners of said land....are. 



Petitioner. 

Sworn to and subscribed before me, this day of 

., 191 



Form 838— ORDER ON AMENDED PETITION. Uniform Land Registration Act, 

Sees. 41, 24, 3. 

COMMONWEALTH OF VIRGINIA 
Court of Land Registration for the of 



(petition no 
order filing amended petition 

On motion of the Petitioner...., Amended Petition is here- 
by filed, and it is ordered that the same be docketed, numbered 
and indexed by the Registrar, and that notice thereof be given 
by personal service of process upon 

unless such service be waived by appearance, or otherwise. 



148 The Torrens System 

Form 839— SEVERANCE. Uniform Land Registration Act, Sec. 41. 

COMMONWEALTH OF VIRGINIA 
Court of Land Registration for the .of.... 



(petition no 
severance 

On motion of the Petitioner...., it is ordered by the Court that 
said Petition be severed, and that the title be now determined as 
to so much of the land mentioned in said Petition as is included 
within the following; boundaries: 



It is further ordered that a copy of this order be served upon 
each resident party to these proceedings, and that before any 
further proceeding shall be taken, to settle or register the title 
to any other portion of the land mentioned in the Petition, each 
resident party hereto shall be given legal notice thereof. 



Form 840— NEW PARTIES. Uniform Land Registration Act, Sec. 41. 

COMMONWEALTH OF VIRGINIA 
Court of Land Registration for the of 



1 PETITION NO — 

VS. I APPEARANCE OF NEW PARTIES 

All Whom it May Concern J 
On motion of 



it is ordered that be made defendant....to the Petition in 

this cause and be given opportunity to do what may be neces- 
sary to protect interests herein. 



Forms 149 

Form 84i— ANSWER OF INTERVENING PARTIES. Uniform Land Registration 

Act, Sec. 42 (2). 

COMMONWEALTH OF VIRGINIA 
Court of Land Registration for the of 



I petition no 

VS. ( ANSWER OF INTERVENING PARTIES 

All Whom it May Concern J 

The answer of 

to the Petition in this cause: 

Respondent....say.- . that since the Petition was filed in this 
cause, ..-_he....ha....acquired an interest in or claim against the land 
described therein in the following manner: 

The Uniform Land Registration Act makes such interest or 
claim subject to the decree of the Court herein, and respondent 
pray... .that all interests may be protected by the Court. 



Respondent. 

Counsel. 

Sworn to and subscribed before me, this ....day of 

, 19 



[Any officer authorized to administer oaths.] 



Form 842— TAX CERTIFICATE. Uniform Land Registration Act, Sec. 43. 

COMMONWEALTH OF VIRGINIA 
Court of Land Registration for the of... 



I PETITION no. 

VS. ( CERTIFICATE CONCERNING TAXES 

All Whom it May Concern J 
We, the following officers, being custodians of the records con- 
taining all current and delinquent taxes on lands in the.. 

of , do certify that all taxes and levies assessed 

on the land mentioned in said Petition, for the registration of the 
title to which decree is now asked, now due or delinquent, have 
been paid in full. 



Treasurer. 



Clerk. 

Sworn to and subscribed before me, this day of 

, 19 



[Any officer authorized to administer oaths.] 



150 The Torrens System 

Form 84J— DECREE OF REGISTRATION. Uniform Land Registration Act, 

Sections 44, 45. 

COMMONWEALTH OF VIRGINIA 
Court of Land Registration for the of 



I petition no..... 

VS. ( DECREE OF REGISTRATION 

All Whom it May Concern J_ 

This Certifies, That on the Petition of , 

under the Uniform Land Registration Act, approved February 
24, 1916, and acts amendatory thereof, the Court, after final 
hearing, is of the opinion that the Petitioner.... ha.... title to the 
land hereinafter described proper for registration, and doth 

adjudge and decree that said , of the 

[Note 1] 

...of , in the State of , 

married _ , the owner in fee simple of that 

certain parcel of land situate in said , 

bounded and described as follows: 

[Note 2] 



And the Court doth adjudge and decree that said land be 
brought under the operation and provisions of said Uniform Land 
Registration Act, and all amendments thereof, and that the title 
of said to said land be con- 
firmed and registered, hereby binding the said land and con- 
clusively quieting the title thereto against all the world; subject, 
however, to any of the encumbrances mentioned in section 73 of 
said act, which may be subsisting, and subject also to 

[Note 3] 



Witness, the Honorable .., Judge of the 

Court of Land Registration for the of , 

in the year 19...., at.._ .o'clock ....M. 

Attest — with the seal of said Court. 



Registrar of Title 
for the of. 



Note 1. Name and residence of the owner, and whether married or unmarried, and 
name of consort, if any. If a corporation, the place of incorporation 
and its chief office. If a personal representative or a trustee, the name 
of the decedent or beneficiary. 

Note 2. Description of the land as finally determined by the Court; the estate of 
the owner therein. 

Note 3. All the rights and easements appurtenant to said land; and also a descrip- 
tion of all particular estates, easements, liens, or other encumbrances, 
or rights to which the land or the owner's estate is subject, showing 
their relative priorities and any other matter determined by the Court. 



Forms 151 

Form 844— RECORD OF REGISTRATION. Uniform Land Registration Act, 

Sec. 47. 

COMMONWEALTH OF VIRGINIA 
Court of Land Registration for the.. of 



(petition no 
hecord of registration 

Title to 

[Describe land.] 



subject, however, to any encumbrances mentioned in Section 73 of 
said act, which may be subsisting, and subject also to 

[Describe any trusts, liens or easements.] 



registered in the name of. 

by final decree of the Court of Land Registration for the 



on , 19...., at o'clock ...M. 

Attest for recordation: 



Registrar of Title 

for the of. 

Recorded in D. B. p ., , 19 



Clerk of the Court of. 



152 The Torrens System 

Form 845— CERTIFICATE OF TITLE. Uniform Land Registration Act, 

Sec. 48, 51. 

COMMONWEALTH OF VIRGINIA 
Court of Land Registration for the..... of 

ORIGINAL CERTIFICATE OF TITLE NO 

This Certifies, That on the Petition of 

under the Uniform Land Registration Act of the State of Virginia, 
approved February 24, 1916, and Acts amendatory thereof, duly 
matured in accordance with law, the Court, after final hearing, 
is of opinion that the Petitioner has title to the land hereinafter 
described proper for registration, and doth adjudge, order and 
decree that said..... , 

[Note 1.] 

of the.... ., in the State of Virginia, married 

, the owner in fee simple of that certain 

parcel of land situate in said city, bounded and described as 
follows: 

[Note 2.] 



And the Court doth adjudge, order and decree that said land be 
brought under the operation and provisions of said Uniform Land 
Registration Act, and all amendments thereof, and that the title 

of said _ , .. 

to said land be confirmed and registered hereby binding the land 
and conclusively quieting the title thereto against all the world; 
subject, however, to any of the encumbrances mentioned in 
Section 73 of said Act which may be subsisting; and subject also 
to .,. 

[Note 3.] 



Witness, the Honorable , Judge of 

the Court of Land Registration for the , the 

day of.... , in the year nineteen hundred and , 

at o'clock and minutes in the..... noon. 

Attest, with the seal of said Court... 

Registrar of Title. 
A true copy: 

Attest, with the seal of said Court. 

Registrar of Title. 

Note 1. Name and residence of the owner, and whether married or unmarried, and 
name of consort, if any. If a corporation, the place of incorporation 
and its chief office. If a personal representative or a trustee, the name 
of the decedent or beneficiary. 

Note 2. Description of the land as finally determined by the Court; the estate of 
the owner therein. 

Note 3. All the rights and easements appurtenant to said land; and also a descrip- 
tion of all particular estates, easements, liens, or other encumbrances, 
or rights to which the land or the owner's estate is subject, showing 
their relative priorities and any other matter determined by the Court. 



Forms 153 

Form 846— AUTHORITY FOR TRANSFER. Uniform Land Registration Act, 

Sees. 48, 54. 

COMMONWEALTH OF VIRGINIA 

Court of Land Registration for the _of 

This Certifies, That...-- .... , 

owner.... of the land registered in Certificate of Title 

No .., as shown by the within Owner's Duplicate Certificate 

of Title No , hereby authorize... the Court of Land Regis- 
tration for the of to register the said 

title in the name.... of.... , 

in consideration of 

Witness hand.... and seal...., this day of 

, 19 

[Seal] 

..[Seal] 

_ .[Seal] 

[Seal] 

Signed and acknowledged before me, this .dav of 

, 19 



[Any officer authorized to take acknowledgments.] 



Form 847-AUTHORITY FOR PARTIAL TRANSFER. Uniform Land Registra- 
tion Act, Sees. 48, 55. 

COMMONWEALTH OF VIRGINIA 

Court of Land Registration for the of 

This Certifies, That ., 

owner.... of the land registered in Certificate of Title No. 

, as shown by the Owner's Duplicate Certificate of Title 

No , herewith, hereby authorize... the Court of Land 

Registration for the of to register the 

title to Lot No part thereof, in the name of 

, in consideration of _ 

Witness our hand.... and seal..... this. day of 

,19 

.....[Seal] 

[Seal] 

- [Seal] 

[Seal] 

Signed and acknowledged before me, this day of 

- ,19 



[Any officer authorized to take acknowledgments.] 



Note — In the case of Partial Transfers the number shoiild be the same as the origi- 
nal number, but distinguished by Arabic numerals in brackets, as No. 
100[1], No. 100[2], etc. 



154 The Torrens System 

Form 848— TRANSFER CERTIFICATE. Uniform Land Registration Act. 

Sees. 48, 51. 54. 

COMMONWEALTH OF VIRGINIA 
Court of Land Registration for the. of 

TRANSFER CERTIFICATE OF TITLE NO. .... 

Original Certificate Registered 

in Register of Titles Book No , page 

This Certifies, That , the owner in fee 

simple of that certain parcel of land situate in said , 

[Note 1 — see page 152.] 
bounded and described as follows: . 

[Note 2 — see page 152.] 

subject, however, to any of the encumbrances mentioned in 
section seventy-three of the Uniform Land Registration Act, 
approved February 24, 1916, and Acts amendatory thereof, 
which may be subsisting, and subject also to 

[Note 3— see page 152.] 

Witness, the Honorable , Judge of the 

Court of Land Registration for the of , 

the day of ...in the year 19.—, at o'clock.. ..M. 

Attest, with the seal of said Court. 



Registrar of Title 

jor the of. 

A true copy. Attest with the seal of said Court. 

Registrar of Title 
for the of 



Form 849— CORRECTION OF CERTIFICATE. Uniform Land Registration Act, 

Sec. 51 (3). 

COMMONWEALTH OF VIRGINIA 
Court of Land Registration for the .of 



(PETITION NO 
CORRECTION OF CERTIFICATE 

It being shown to the Court that a clerical error has been made 

in registering Transfer Certificate of Title No , Original 

Certificate of Title No..... , registered in Register of Titles 

Book No... , p , it is ordered that the same be altered 

or amended so as to read as follows: _ 



Forms 155 

Form 850— OWNER'S DUPLICATE CERTIFICATE. Uniform Land Registration 

Act. Sec. 52. 

COMMONWEALTH OF VIRGINIA 

Court of Land Registration for the of 

owner's duplicate certificate of title no 

This Certifies, That on the Petition of 

under the Uniform Land Registration Act, approved February 
24, 1916, and Acts amendatory thereof, the Court after final 
hearing is of opinion that the petitioner has title to the land 
hereinafter described proper for registration, and doth adjudge 
and decree that said , 

[Note 1 — see page 152.] 

of the..— of in the State of 

married , the owner in fee simple of that 

certain parcel of land situate in said... , bounded 

and described as follows: 

[Note 2 — see page 152.] 



And the Court doth adjudge and decree that said land be 
brought under the operation and provisions of said Uniform Land 
Registration Act and all amendments thereof, and that the title 

of said 

to said land be confirmed and registered, hereby binding the 
said land and conclusively quieting the title thereto against all 
the world; subject, however, to any of the encumbrances men- 
tioned in section seventy-three of said Act which may be sub- 
sisting, and subject also to the Estates, Easements, Incumbrances 

and Charges hereinafter noted : .7: 

[Note 3 — see page 152.] 



Witness, the Honorable , Judge of the 

Court of Land Registration for the of , 

the day of... , in the year 19....at o'clock 

...M. 

Attest, with the seal of said Court. 



Registrar of Title 
for the of. 

A true copy. Attest, with the seal of said Court. 



Registrar of Title 
for the of.... 



156 The Torrens System 

Form 851-OWNER'S DUPLICATE TRANSFER CERTIFICATE. Uniform Land 

Registration Act. Sec. 52. 

COMMONWEALTH OF VIRGINIA 

Court of Land Registration for the of.... 

owner's duplicate transfer certificate of title no 

Original Certificate Registered in Register of 

Titles Book No , page 

This Certifies that . , the owner in fee 

simple of that certain parcel of land situate in said .-. 

[Note 1 — see page 152.] 

bounded and described as follows: 

[Note 2 — see page 152.] 
subject, however, to any of the encumbrances mentioned in 
section seventy-three of the Uniform Land Registration Act, 
approved February 24, 1916, and Acts amendatory thereof, 
which may be subsisting, and subject also to the Estates, Ease- 
ments, Incumbrances, and Charges hereinafter noted: 

[Note 3 — see page 152.] 

Witness, the Honorable... , Judge of the 

Court of Land Registration for the of 

the day of in the year 19...., at.._ o'clock....M. 

Attest, with the seal of said Court. 



Registrar of Title 

for the of. 

A true copy. Attest with the seal of said Court. 



Registrar of Title 
for the of. 



Form 852-PETITION FOR RE-SURVEY. Uniform Land Registration Act, 

Sees. 55, 39. 

COMMONWEALTH OF VIRGINIA 

Court of Land Registration for the of. 

petition no.... 

petition for re-survey 
All Whom it May Concern 
The Petition of.... _ , regis- 
tered owner.. ..of Transfer Certificate of Title No , Original 

Certificate of Title No. , registered in the Register of 

Titles Book No , p .respectfully shows unto the 

Court that desire... .a re-survey of the land described 

in said Certificate for the purpose of sub-division, and pray that 
an order be entered accordingly. 



Petitioner. 

Counsel. 



Forms 157 



Form 853— ORDER FOR RE-SURVEY. Uniform Land Registration Act, 

Sees. 55, 39. 

COMMONWEALTH OF VIRGINIA 
Court of Land Registration for the of. 



} PETITION NO 

ORDER FOR RE-SURVEY 

On Petition of , registered owner_._.of 

Transfer Certificate No Original Ceitificate No. 

registered in the Register of Titles Book No p. .,.., it is 

ordered that a re-survey of the land described in said Certificate 
be made by , a competent surveyor here- 
by appointed by the Court, after notice to owners of adjoining 
lands, for the purpose of subdivision in accordance with the wishes 
of the Petitioner for such re-survey; and said surveyor shall 
set durable bounds at all points or corners not so marked in the 
original survey for registration, and shall file a plat of the re- 
survey among the papers of this suit. 



Form 854— DEMAND FOR DUPLICATE CERTIFICATE. Uniform Land Regis- 
tration Act, Sec. 59. 

COMMONWEALTH OF VIRGINIA 
Court of Land Registration for the of 

CERTIFICATE OF TITLE NO . 

Take Notice, That has been filed for 

registration against the title to the land registered by the Certi- 
ficate mentioned above, and you are hereby required forthwith 
to produce the Duplicate Certificate thereof before me in order 
that a memorial of said transaction may be made thereon. 
Witness my hand this day of , 19 



Registrar of Title 

for the of. 

To 



158 The Torrens System 

Form 855— ATTACHMENT. Uniform Land Registration Act, Sec. 59. 

COMMONWEALTH OF VIRGINIA 

Court of Land Registration for the of 

To the Sheriff of the of... , Greeting: 

We Command You, That you take , if 

found within your bailiwick, and safely keep so that you 

have bod before the Court of Land Registration for 

the ..of , at the Court House thereof, on the 

day of , 19...., to produce before our said Court....the 

Owner's Duplicate of Certificate of Title No 

Witness: , Registrar of 

Title of our said Court, this.... day of , 19..... 



Registrar of Title 
for the of. 



Form 856— PETITION FOR TRANSFER. Uniform Land Registration Act, Sec. 

COMMONWEALTH OF VIRGINIA 
Court of Land Registration for the of 



(petition no 
petition for transfer 

The Petition of 

registered owner....of Transfer Certificate of Title No , 

Original Certificate registered day of , 19...., 

Book No , p , respectfully shows unto the Court the 

following case: 



And Petitioner..„pray....that a special order of Court may be 

entered for the 

in accordance with section 60 of the Uniform Land Registration 
Act. 



Petitioner. 



Forms 159 

Form 857— ORDER FILING PETITION FOR TRANSFER. Uniform Land Regis- 
tration Act, Sec. 60. 

COMMONWEALTH OF VIRGINIA 
Court of Land Registration for the of 



(PETITION NO 
ORDER FILING PETITION 
FOR TRANSFER 

It is ordered that the Petition of 

praying for a special order of Court under section 60 of the 
Uniform Land Registration Act, be filed and registered with such 
effect as it may be entitled to have; that the same be set for 

hearing on the day of , 19...., and that notice 

thereof be given to 



Form 858— ORDER FOR TRANSFER. Uniform Land Registration Act, Sec. 60. 

COMMONWEALTH OF VIRGINIA 
Court of Land Registration for the of 



PETITION NO. 
VS. ORDER FOR TRAIS 

All Whom it May Concern 

On the Petition of notice 

thereof having been given to all parties interested, as required 

by the order entered herein on the day of , 19...., 

the Court is of opinion that 

and doth order.... 



Form 859-MEMORANDUM OF DELINQUENT TAXES. Uniform Land Regis 

tration Act, Sec. 63 

COMMONWEALTH OF VIRGINIA 
Court of Land Registration for the of 

MEMORANDUM OF DELINQUENT 
TAXES REGISTERED LANDS 

1. Certificate of Title No 

2. Certificate of Title No _ 

1. Transfer Certificate of Title No 

2. Transfer Certificate of Title No 



Treasurer or Collector. 



160 The Torrens System 

Form 860— TAX SALE. Uniform Land Registration Act, Sec. 64 (1). 

COMMONWEALTH OF VIRGINIA 
Court of Land Registration for the of 

MEMORANDUM OF TAX SALES — REGISTERED LANDS 

1. Certificate of Title No 

2. Certificate of Title No . 

1. Transfer Certificate of Title No 

2. Transfer Certificate of Title No 



Treasurer of the of.. 

, 19 



Form 861— TAX CERTIFICATE. Uniform Land Registration Act, Sec. 64 (2). 

COMMONWEALTH OF VIRGINIA 
Court of Land Registration for the of 

TAX CERTIFICATE OF TITLE NO 

Original Certificate Registered.. , 19...., Book No , 

P 

This Certifies, That , 

is the registered owner of the Tax Title to that certain parcel of 

land.... situate in said bounded and described as 

follows: 

subject, however, to any of the encumbrances mentioned in 
Section 73 of the Uniform Land Registration Act which may be 
subsisting; subject also to 



and subject also to the privilege of redemption by the former 

owner.... in accordance with law on or before the dav of 

, 19 

Witness: the Honorable , Judge of the 

Court of Land Registration for the of , 

the da}' of , in the year 19...., at o'clock 

M. 

Attest, with the seal of said Court: 



Registrar of Title 

for the of. 

A true copy. Attest, with the seal of said Court: 



Registrar of Title 
for the of. 



Forms 161 

Form 862— FINAL TAX SALE. Uniform Land Registration Act, Sec. 66 (1). 

COMMONWEALTH OF VIRGINIA 
Court of Land Registration for the of 

FINAL TAX SALE 

Notice is hereby given that all that parcel of land situated in 
the of , and bounded as follows: 

and being the land _ 

will be sold at public auction on the premises, for cash, on the 

day of , 19...., at M. 

This is the Final Tax Sale, and the purchaser will get an 
absolute title under the Uniform Land Registration Act, subject 
to the provisions of sections 67 and 73 of said Act. 



Treasurer of the of. 

Collector of Taxes. 



Form 863— PETITION OF CLAIMANT. Uniform Land Registration Act, 

Sees. 68, 69. 

COMMONWEALTH OF VIRGINIA 
Court of Land Registration for the of 



) petition no 

petition of claimant 

The Petition of... 

shows unto the Court the following case: 

(1) That the Petitioner.... ha.... a claim against the land 

registered in Transfer Certificate of Title No , Original 

Certificate of Title No... , registered in Register of Titles 

Book No _, p 

(2) That said claim has arisen from other cause than fraud 
or forgery since the said land was registered as aforesaid and 
within ninety days preceding this Petition. 

(3) That said claim is as follows: 

(4) Wherefore, Petitioner... pray.... that cause may be 

heard and that such decree shall be entered and registered with 
due regard to the provisions of the Uniform Land Registration 
Act, as justice and equity may require. 



Petitioner. 
Counsel. 



162 The Torrens System 

Form 864— CAVEAT. Uniform Land Registration Act, Sec. 68. 

COMMONWEALTH OF VIRGINIA 
Court of Land Registration for the of 



I PETITION NO 

VS. J CAVEAT 

All Whom it May Concern J 
To the , 

Registrar of Title for the of. .: 

You are hereby requested to register a memorial that a Peti- 
tion filed asserting a claim against the land regis- 
tered in Transfer Certificate of Title No , Original Certifi- 
cate of Title No... , registered in Register of Titles Book 

No. , p. , which memorial shall serve as a caveat and 

be notice to all persons pursuant to the provisions of section 68 
of the Uniform Land Registration Act. 



Petitioner. 

Counsel. 



Form 865— PETITION OF REGISTRAR. Uniform Land Registration Act, 

Sec. 68 (2). 

COMMONWEALTH OF VIRGINIA 
Court of Land Registration for the of 



(PETITION NO 
PETITION OF REGISTRAR 

The Petition of , Registrar of Titles 

for the .of.... , respectfully shows unto the 

Court the following case: 

(1) That... ..- 



(2) That Petitioner is in doubt as to the proper registration 
to be made in said case, and prays for a decree of the Court in 
the premises. 



Petitioner. 



Forms 163 

Form 866— PETITION AGAINST REGISTRAR. Uniform Land Registration Act, 

Sec. 68 (2). 

COMMONWEALTH OF VIRGINIA 
Court of Land Registration for the of 



I petition no 

VS. | PETITION against registrar 

All Whom it May Concern J 

The Petition of . respectfully shows unto 

the Court the following case: 

(1) That Petitioner aggrieved by the 

of the Registrar of Title for the of in 



(2) Wherefore, Petitioner.... pray.... that cause may be 

heard, and that such decree shall be entered and registered, with 
due regard to the provisions of the Uniform Land Registration 
Act, as justice and equity may require. 



Petitioner. 

Counsel. 



Form 867— ORDER FILING PETITION OF REGISTRAR. Uniform Land Regis- 
tration Act, Sees. 68 (2), 69. 

COMMONWEALTH OF VIRGINIA 
Court of Land Registration for the of 



(petition no 
order filing petition of 
registrar 
It is ordered that the Petition of the Registrar, showing that 
he is in doubt as to the proper registration to be made in this case 
be filed and registered with such effect as it may be entitled to 

have; that the same be set for hearing on the day of 

, 19...., and that notice thereof be 



164 The Torrens System 

Form 868— DECREE ON PETITION OF REGISTRAR. Uniform Land Registra- 
tion Act, Sec. 69. 

COMMONWEALTH OF VIRGINIA 
Court of Land Registration for the of....: 



(PETITION NO 
DECREE ON PETITION OF 
REGISTRAR 

On the Petition of the Registrar, showing that he was in doubt 
as to the proper registration to be made in this case and praying 
for a decree of the Court in the premises, notice thereof having 
been given to all parties interested, as required by the order 

entered herein on the day of , 19...., the Court 

having heard the cause and now proceeding, with due regard to 
the provisions of the Uniform Land Registration Act, to enter 
such decree as justice and equity require, doth adjudge and decree 



Note. — If no notice is required, let the order show why. 



Form 869— ORDER FILING PETITION OF CLAIMANT. Uniform Land Regis- 
tration Act, Sees. 68, 69, 70. 

COMMONWEALTH OF VIRGINIA 
Court of Land Registration for the of 



I PETITION no 

VS. f ORDER FILING PETITION OF 

All Whom it May Concern J claimant 

It is ordered that the Petition of , 

asserting a claim against the land registered in Transfer Certifi- 
cate of Title No..... , Original Certificate of Title No , 

registered in Register of Titles Book No , p. , be 

filed and registered, with such effect as it may be entitled to 

have; that the same be set for hearing on the day of 

, 19....; and that notice thereof be given to 



Forms 165 

Form 870-DECREE ON PETITION OF CLAIMANT. Uniform Land Registration 

Act, Sec. 69. 

COMMONWEALTH OF VIRGINIA 
Court of Land Registration for the of... 



; PETITION NO 

DECREE ON PETITION OF 
CLAIMANT 

On the Petition of.. 

asserting a claim against the land registered in this case, notice 
thereof having been given to all parties interested as required by 

the order entered herein on the day of , 19...., 

the Court having heard the cause and now proceeding, with due 
regard to the provisions of the Uniform Land Registration Act, 
to enter such decree as justice and equity require, doth adjudge 
and decree 



Form 871— PETITION FOR NEW CERTIFICATE. Uniform Land Registration 

Act, Sec. 71 (1) 

COMMONWEALTH OF VIRGINIA 
Court of Land Registration for the of 



I PETITION NO 

VS. I PETITION FOR NEW CERTIFICATE 

All Whom it May Concern J 

Petitioner respectfully show.... 

unto the Court that Duplicate Certificate No , registered 

in name....has been lost or destroyed, and pray... .the 

Court for the issuance of a new Duplicate. 



Petitioner. 
Counsel. 



166 The Torrens System 

Form 872— PUBLICATION ORDER FOR NEW CERTIFICATE. Uniform Land 

Registration Act, Sec. 71 (2). 

COMMONWEALTH OF VIRGINIA 
Court of Land Registration for the of 



I PETITION NO 

VS. [ PUBLICATION ORDER FOR NEW 

All Whom it May Concern J certificate 
It is ordered that the Petition of _ 



showing the loss or destruction of Duplicate Certificate No , 

be filed, and that notice thereof be published once a week for 

four successive weeks in , a 

newspaper published in the of , 

stating that the Court will hear the matter on the day of 

, 19 

A true copy — Attest: 



Registrar of Title 
for the of. 



Form 87J— DECREE FOR NEW DUPLICATE. Uniform Land Registration Act, 

Sec. 71 (3). 

COMMONWEALTH OF VIRGINIA 
Court of Land Registration for the of 



I PETITION no 

VS. ( DECREE FOR NEW DUPLICATE 

All Whom it May Concern J 

On the Petition of notice 

whereof has been duly published in accordance with the require- 
ments of the Uniform Land Registration Act, satisfactory proof 
having been produced before the Court showing the loss or 

destruction of Duplicate Certificate No. , it is ordered that 

a new Duplicate Certificate, appropriately designated, be issued 
to take the place of the original Duplicate. 



Forms 167 

Form 874— NOTICE. Uniform Land Registration Act, Sec. 70. 

COMMONWEALTH OF VIRGINIA 
Court of Land Registration for the of 



I PETITION NO... 

VS. \ NOTICE 

All Whom it May Concern J 
Take Notice, That : 



Registrar of Title 
for the of 

Note. — Fill blank with purposes for which notice is given. 



Form 87S— ASSURANCE FUND RECEIPT. Uniform Land Registration Act 

Sec. 80. 

COMMONWEALTH OF VIRGINIA 
Court of Land Registration for the of 



(petition no 
assurance fund receipt 

Office of Registrar of Title, 

, 19... 

$ 

Received of ....Dollars, being 

one-tenth of one per cent, of the assessed value of the land men- 
tioned in said Petition, subject to the trusts and conditions im- 
posed by the Uniform Land Registration Act, for the uses and 

purposes of said Act. 

Registrar of Title 
for the of 



Form 876— STATE AUDITOR'S RECEIPT. Uniform Land Registration Act, 

Sec. 81. 

COMMONWEALTH OF VIRGINIA 
Court of Land Registration for the of 

v -- 

Received of , Registrar of 

Title for the ..of , Dol- 
lars, upon the special trust and condition that the same shall be 
set aside in the State Treasury as separate fund for the uses and 
purposes of the Uniform Land Registration Act, to be known as 
the "Land Registration Assurance Fund." 



Auditor of Public Accounts. 



INDEX 

PAGE 

Abstracts of Title, filed with report of examiners, 

§26 87 

Accounts, of registrars, §15, 81 82, 110 

of State Treasury, §81, 82, 85, 87 110, 111, 112, 113 

Act, name of, § 1 75 

Action, against Assurance Fund, §83 11 

must be brought within two years, §83 11 

how defended, §83 11 

measure of damages, §83 11 

by persons under disability, §83 11 

defendants to such action, §84 112 

judgment in such action, §85, 87 112, 113 

Address, of interested parties given in petition, §21.... 85 

of interested parties in Examiner's Report, §26. ... 87 
of persons occupying premises reported by sheriff, 

§29 88 

Adjudication of Title, requires a suit 51, 52 

Administration, see Estates of Decedents. 

Administrator, see Personal Representatives. 

Adoption, of act by popular vote, §89 114 

Adverse Claims, mentioned in petition, §20 85 

covered by order of publication, §27 88 

public rights or interests, §30 88 

asserted before final decree, §31, 36, 42 88, 90, 93 

protected by decree, §39 91 

concluded by final decree, §44 93 

registered until satisfied, §56 99 

petitions concerning, and caveats, §68 104 

not affective until registered, §73, 78 106, 108 

Adverse Possession, not good against registered land, 

§77 108 

Affidavit, to petition, §20 85 

to answer, §37 90 

Agent, required for non-resident petition, §18 84 

Agreement, registration is, running with the land, §76. 108 

Albemarle Countt, act applies to, §89 7, 114 

169 



170 The Torrens System 

PAGE 

Alteration, of certificate or memorials only by order of 

court, §51 97 

Amendment, to petition and other pleadings, §41 92 

to certificates, §51 97 

American Bar Association, in Virginia 3 

Answer, before final decree, §36 90 

who may file, §36 90 

signature and oath to, §37 90 

Appeal, definition, §2(6) 77 

within ninety days, §11 80 

how taken, §11 80 

from registrar, §68 104 

Appearance, waives process, §31 88 

at any time before final decree, §36 90 

within ninety days after any registration, §68 104 

Application of the Act, to counties and cities 7,8 

Appomattox County, act applies to, §89 7, 114 

Assignment, pending registration, §42 93 

subsequent to registration, §72, 78 106, 108 

Assurance Fund, collected by registrars 39, 53, 54 

one reported case against 54 

how accumulated, §80-82 110 

action against, §83, 84 Ill, 112 

limitation of two years, §83 Ill 

how invested, §82 110 

how defended, §83 Ill 

judgments against, §85-87 112, 113 

Attachment, must be registered, §72, 78 106, 108 

an "involuntary transaction," §2, 58 76, 99 

first registered on Entry Book, §49 96 

then upon certificate and duplicate, §49 96 

production of duplicate required, §59 100 

Attorney, as guardian ad litem, §35 90 

Attorney-General, defends appeals against Assurance 

Fund, §83 Ill 

Authority, for registration of valuation transactions, 

§57 99 

Australia, experience of 37 

Rusden's history of 55 

Austria, registration of title in. . . 5 



Index 171 

PAGE 

Baker, R. C, of South Australia 46 

Bankable Capital, increased by act 34, 35 

Bankebs' Association, action by 33, 34 

Bankbuptcy, new certificate to assignee, §54, 58 98, 99 

Bedfobd County, act applies to, §89 7, 114 

Bell of Exceptions, how and when taken, §11 80 

Bill of Review, how and when taken, §11 80 

Blackstone, Sib William, quotations from 60, 70 

Bohemia, registration of title in 4 

Bond, of registrars, §14 81 

Books fob Registbabs, special required 7, 39 

Land Registration Docket 39 

Order Book 39 

Register of Titles Book 39 

Entry Book 39 

Bobbowebs, pay all fees and costs 48 

Botetoubt County, act applies to, §89 7, 114 

Bounds, determined by survey, §39 91 

durable markers, §39 91 

Bbeach of Tbust, no damages against Assurance Fund 

for, §86 113 

Bbickdale, Hon. C Fobtescue, quotation from 45 

Bbunswick County, act applies to, §89 7, 114 

Bbyan, Joseph, opinion of Torrens system 32 

Buckingham County, act applies to, §89 7, 114 

Bubden Beabebs, men of small means 47, 48 

Bubdens on Lands, unequal and unnecessary 69, 70 

Bubgesses, House of in Virginia 14 

Bubke, Edmund, reference to 36 

Business Men, how affected by act 25, 29 

homes of 16, 25 

credit of 16, 25 

debtors to — ,28 



Calhoun, John C, quotation from 36 

Caltfobnia Tobbens Act, reference to 5 

Campbell County, act applies to, §89 7, 114 

Canada Pebmanent Loan and Savings Co 32 



172 The Torrens System 

PAGE 

Cancellation, of old certificates for new, §54 98 

in partial transfers, §55 98 

Certificate, of examiner of titles, §16 82 

of registrar concerning publication, etc., §33 89 

of sheriff concerning posting, §33 89 

concerning taxes, §43 93 

of tax sale, §64 102 

Certificate of Title, where registered 52 

Certificates of Title, good against all the world, §44. 93 

form of decree for, §45 94 

numbered, signed, sealed in Register of Titles, 

§48, 53 95, 97 

transfer certificates, §48 95 

all voluntary or involuntary transactions registered 

thereon, §50 96 

conclusive evidence of matters stated, §51 96, 97 

not to be altered except by order of court, §51 97 

what to contain, §45, 53 94, 97 

new, for total transfer, §54 98 

old cancelled, §54, 55 98 

new for partial transfer, §55 98 

memorials noted until satisfied, §56 99 

voluntary transactions, when registered, §57 99 

involuntary transactions, when registered, §58 99 

production of duplicate required, §59 100 

trusts, conditions, limitations, equities, §60 100 

for estates of decedents, §61 101 

delinquent taxes and levies registered, §63 102 

new, in first tax sale, §64 102 

new, in final tax sale, §66 103 

lost or destroyed, new issued, §71 105 

memorials notice to the world, §72 106 

exceptions on face, §73 106 

forgery renders void, §74 107 

fraud voidable by innocent purchasers, §74 107 

remedies of holder against fraud or forgery, §75 . . . 107 

nothing affects unless registered, §78 108 

older prevails over younger in conflict, §79 110 

Certified Copy, authority for registering decrees, etc., 

§58 99 



Index 173 

PAGE 

Certiorari, writ of, how and when taken, §11 80 

Chancery, powers of registration courts, §6 79 

powers of Examiners of Title, §16 82 

rules of pleading and practice, §19 85 

Charles City County, act applies to, §89 7, 114 

Charlotte County, act applies to, §89 7, 114 

Chesterfield County, act applies to, §89 7, 114 

City Council, to furnish books, stationery, and furni- 
ture, §12 81 

Claims, to be set out in petition, §20 85 

to be reported by Examiner, §26, 38 87, 90 

process on persons having, §28-31 88 

guardian ad litem for claimants under disability, 

§35 90 

answer of claimants before final decree, §36 90 

survey to determine, §39 91 

pending registration, §42 93 

for taxes, settled before registration, §43 93 

concluded by final decree, §44 93 

registered until satisfied, §46 95 

for taxes against delinquent officer, §63 102 

against registered lands, §68-9 104, 105 

not good unless registered, §73, 78 106, 108 

for fraud or forgery, §75 107 

by adverse possession and prescription abolished, 

§77 108 

conflicting, older certificate prevails, §79 110 

against Assurance Fund, §83-87 111-113 

Clearing Title, new method of 8 

Clerks of Courts, become registrars 36-39 

Clerks, become registrars, §14 81 

act under direction of court, §14, 15 81, 82 

official designation, §14 81 

bond required, §14 81 

issue process and enter decrees, §15 82 

enter and issue certificates, §15 82 

affix seal of court, §15 82 

perform all acts of registration, §15 82 

keep separate account of registration funds, §15... 82 

keep land registration docket, §22, 47 86, 95 



174 The Torrens System 

Clerks — continued. page 

cause lis pendens to be recorded, §23 86 

keep all records, numbered, dated, indexed, §24 .... 86 

mail orders of publication, §28, 33 88, 89 

deliver copies to State, county or city officers, §30. . 88 

file certificates of acts, §33 89 

keep order book, §47 95 

keep entry book, §47, 49 95, 96 

cause final decree to be recorded, §47 95 

keep register of titles book, §48, 50 95, 96 

cannot alter certificates or memorials, §51 97 

issue duplicate certificates, §52, 54, 55, 66 97,98, 103 

make and seal memorials, §53, 56 97, 99 

cancel certificates, §54, 55, 65 98, 103 

register voluntary transactions, §57 99 

register involuntary transactions, §58 99 

require production of duplicates, §59, 64 100, 102 

register trusts, conditions, limitations, equities, 

§60 100 

power to register transfers limited, §60 100 

register tax sales, §64 102 

register redemptions from tax sales, §65 103 

register final tax sales, §66 103 

petition court in case of doubt, §68 104 

issue notices by registered mail, §70 105 

nothing good until registered, §78 108 

collect for Assurance Fund, §80 110 

keep separate accounts of funds, §81 110 

fees, §88 113 

Clouds, removed by registration, §4, 9, 21, 27, 36, 45, 

73 78, 80, 85, 88, 90, 94, 106 

Coke, Sir Edward, quotation from 25 

Collateral, lands as 9 

Colorado Torrens Act, reference to 5 

Commerce, demands of 70 

Commissioner in Chancery, examiner has powers of, 

§16 82 

Commonwealth, when to be notified, §30 88 

bound by decree, §44 93 

Commonwealth's Attorney, to defend Assurance Fund, 

§83 Ill 



Index 175 

PAGE 

Compulsory, registration not 8 

Conditions, equitable, how registered, §60 100 

transferred by order of court, §60 100 

Connery, Recorder Joseph F., statistics from 26 

Consideration, purchaser for, when protected against 

fraud, §74 107 

Construction, of act to be liberal and uniform, §90... 116 

Contract to Sell, how registered, §2, 57, 72, 78. . 76, 99, 106, 108 

pending registration, §42 93 

Conveyance, how registered, §2, 57, 72, 78 76, 99, 106, 108 

pending registration, §42 93 

of whole tract, §54 98 

of part of tract, §55 98 

deed and duplicate certificate required, §57, 59, 72, 

78 99, 100, 106, 108 

in trust, how made, §60 100 

with executory limitations, §60 100 

upon equitable conditions, §60 100 

in any form, §78 108 

inchoate dower and curtesy rights indicated, §2, 

45, 58 76, 94, 99 

by right of eminent domain, §2, 58 76, 99 

by lease, §2, 57 76, 99 

by deed of trust, §2, 57, 58, 60 76, 99, 100 

Copies, from registrars at usual fees, §88 (d) 114 

Corporations, petitions of, how signed and verified, §20 85 

answers of, how signed and verified, §37 90 

Cost of Registration, discussion of 11-13 

Costs, incurred only once 12 

guardian ad litem, §35 90 

lis pendens, §23 86 

publication, §27 88 

survey, §39 91 

dismissal of petition, §40 91 

registrar's fees, §88 (a), 88(d) 113,114 

examiner of titles, §88 (b) , 16 114, 82 

sheriff's fees, §8.8 (c), 88(d) 114 

record of memorandum of original registration, 

§47 96 

Assurance Fund, §80 • 110 



176 The Torrens System 

PAGE 

County Supervisors, to furnish books, stationery and 

furniture, §12 81 

Court, definition, §2 76 

held by designated judge, §13 81 

Courts, of land registration, §4 78 

jurisdiction, §5 78 

powers of law and equity, §6 79 

sessions, continuous, §7 79 

process, how issued and made returnable, § 7 79 

mode of trial, §8 * 79 

jury trial on motion, §8 79 

proceedings in rem, §9 80 

rules and forms to be uniform, §10 80 

clerks of, become registrars, §14 81 

registrars act under direction of, §14, 15, 50, 57, 58, 

68 81,82 

appoint examiners of title, §16 82 

appoint special examiners, on motion, §16 82 

equity practice, except as otherwise provided, §19.. 85 

reference to examiner, §25 86 

order of publication, §27 -. 88 

cause sheriff to post notices and report occupants, 

§29 88 

notice to State, §31 88 

other notice, §32 89 

hearing, §34 90 

guardian ad litem appointed, §35 90 

action on report of examiner, §38 90 

survey ordered, §39 91 

surveyor appointed, §39 ( 1 ) 91 

dismissal of petition, §40 91 

amendments before final decree, §41 92 

may require other facts to be stated, §41 92 

require certificate of taxes paid, §43 93 

final decree good against all the world, §44 93 

form of decree and manner of registration, §45 94 

certificates of title changed only by order of, 

§51(3) „ 97 

may require production of duplicate, §59 100 

special order for transfer of trusts, etc., §60 100 

petitions concerning registered lands, §68-70 104, 105 



Index 111 

Courts — continued. page 

any claimant or party interested heard, §69 105 

registrars may petition, §68 (2) 105 

proceedings upon loss or destruction of duplicate, 

§71 105 

fraud and forgery cases, §75 107 

Cumberland County, act applies to, §89 7, 114 

Curtesy, definition includes among "involuntary trans- 
actions," §2 76 

inchoate, protected by registration, §45, 58, 61. . . .94, 99, 101 

Damages, for failure to report taxes, §63 102 

for loss of property without notice, §83 Ill 

measure of, in suits against Assurance Fund, 

§83(3) Ill 

parties to suits for, §84 112 

by breach of trust, §86 113 

Date, of filing instruments to be endorsed, §24, 47 86, 95 

Entry Book entries, §49 -. 96 

Register of Titles must show, §50 96 

memorials dated in conformity with Entry Book, 

§52 97 

Davis, Judge Charles Thornton, of Massachusetts, 

§41 (n) xvii,92 

Dealing with Lands, new method of 9 

Death, title to personal representatives, §61 101 

personal representative holds as trustee, §62 101 

rights of heirs at law, §61, 62 101 

Decision, same as "decree" by definition, §2(5) 77 

Decree, defined, §2(5) 77 

classed among "involuntary transactions," §2(2).. 76 

of reference to examiner, §25 86 

on examiner's report, §38 90 

for survey, § (39) 91 

dismissing petition, § (40) 91 

for amendment of petition, §41 92 

affecting registered land to be registered, §49, 50,- 

58, 72, 78 96, 99, 106, 108 

for production of duplicate, §59 100 

for transfer of trusts, etc., §60 100 

on claims asserted, §68-9 104, 105 

for guidance of registrar, §68-9 104, 105 



178 The Torrens System 

Decree — continued. page 

in cases of lost or destroyed duplicates, §71 105 

notice to all persons, §72 106 

Decree of Registration, appeals from, §11 80 

not entered until proof of taxes paid, §43 93 

quiets title against all the world, §44 93 

cannot be attacked after ninety days, §11, 14 80, 93 

form of, §45 94 

becomes certificate of title, §48 95 

noted in Entry Book, §49 96 

registered in Register of Titles, §50 96 

may be subject to liens, §17, 73 83, 106 

subject to exemptions mentioned in, §73 106 

void if procured by forgery, §74 ( 1 ) 107 

voidable in certain cases of fraud, §74(2) 107 

may be set aside in cases of fraud or forgery, §75. . . 107 

an agreement running with the land, §76 108 

elder prevails over younger in conflicts, §79 110 

Deeds and Registration, difference in title by 41 

Deed, by definition a "voluntary transaction," §2(1)... 76 

made pending registration, §42 93 

noted in Entry Book, §49 96 

registered in Register of Titles Book, §50 96 

for whole tract, §54 98 

for part of tract, §55 98 

authority to Registrar for registration, §57, 78 ... . 99, 108 

Defendants, proceeding in rem, against the land, §9 . . . 80 

persons interested to be named in petition, §21 85 

examiner to report who should be made, §26 87 

order of publication against known and unknown, 

§27 88 

mail notices to, §28 '. 88 

occupants ascertained, §29 . 88 

State, county or city, §30 88 

personal service of process, §31 88 

effect of notice to, §32 89 

certificates of service on, §33 89 

guardian ad litem for certain, §35 90 

answer of, when may be filed, §36, 41 90, 92 

signature and oath to answer, §37 90 

rights of all regarded, §38 90 

adjoining owners, §20, 39 85, 91 



Index 179 

Defendants — continued. page 

new, pending registration, §42 93 

final decree conclusive on all the world, §44 93 

in proceedings after registration, §68-70 104, 105 

in cases of fraud or forgery, §75 107 

in suits against Assurance Fund, §83-84 11, 112 

Definitions, "voluntary transactions," §2(1) 76 

"involuntary transaction," §2(2) 76 

"writing instrument or record," §2(3) 77 

"registrar," §2(4); "decree," §2(5); "appeal," 

§2(6); "court," §2(7) 77 

Delinquent Taxes, how registered, etc 41, 42 

Delinquent Taxes, included in definition of "involun- 
tary transaction," §2(2) 76 

to be mentioned in petition, §21 85 

to be reported by examiner, §26 87 

to be paid before title registered, §43 93 

subsequent, how registered, §49, 50, 58, 59 96, 97, 100, 101 

to be reported for registration, §63 102 

penalty for failure to report, §63 102 

first sale for, §64 102 

redemption from, §64, 65 102, 103 

final sale for, §66 103 

title of reversioner or remainderman protected, §67 . . 104 

Demands of Commerce, satisfied by Torrens system.... 70,71 

Deputy, registrars' duties and powers, §15, 33 82, 89 

sheriff, powers of, §33 89 

Descent, estates in name of personal representatives, 

§61 101 

statute of descents not altered, §61 101 

no change in application of assets to debts, §61 .... 101 

real estate charged with debts and legacies, §61. . . . 101 

powers of personal representative, §62 101 

title held in trust, §62 101 

no commissions except on sales, §62 101 

heirs may require transfer, §62 101 

Description of Land, in petition, showing improve- 
ments, §21 85 

plan filed with petition, §21 85 

by survey and plat, §39 91 

in final decree, §45 94 

in certificate of title, §53 97 

in case of partial transfers, §55 98 



180 The Torrens System 

PAGE 

Destruction, or loss of certificate, §71 105 

Devise, of registered land, §2, 49, 57, 78 76, 96, 99, 108 

Devolution, of title to registered land on death of 

owner, §61-2 101 

Dinwiddie County, act applies to, §89 7, 114 

Disability, petition by persons under, §18, 20 84, 85 

guardian ad litem for persons under, §34 90 

Discharge, of mortgage, how effected, §2(1), 49, 57, 59, 

78 76, 96, 99, 100, 108 

of liens, how effected, §2(2), 58, 59, 78 76, 99, 100, 108 

Discontinuance, of parties, §41 92 

Dismissal, of petition, §40 91 

Docket, how kept, §22 86 

memorandum of all pleadings and papers, §24 86 

Documents, kept by registrar, §12, 24 81, 86 

Dower, a legal incident of registered lands, §2(2), 45, 

61, 78 76, 94, 101, 108 

inchoate protected by registration, §2(2), 58, 61, 

78 76,99, 101,108 

Due Process of Law, discussion of 57, 59-63 

Duplicate Certificate, issued to owners, §52 97 

one to each owner if desired, §52, 54, 88(a) 97, 98, 113 

in cases of transfers, §54 98 

in cases of partial transfers, §55 98 

must accompany voluntary transactions, §57 99 

production of, required for registration purposes, 

§59 100 

delinquent taxes registered on, §63 102 

lost or destroyed, §71 105 

Duplicate Certificates, furnished owners 52 



Easements, to be mentioned in petition, §21 85 

to be reported by examiner, §26 87 

described in registration decree or memorial, §45. . . 94 

Election, act may be adopted by popular, §89 114 

Eminent Domain, defined as "involuntary transaction," 

§2(2) 76 

meaning of 18, 19 

State bound by registration, §44 93 

title by registration, §72, 78 106, 108 



. 



Index 181 

PAGE 

Encumbrances, may be either voluntary or involuntary 

transactions, §2 76 

petition may be made subject to, §18 84 

to be stated in petition, §21 85 

to be reported by examiner, §16, 26 82, 87 

pending registration, §42 93 

noted until satisfied, §56 99 

how registered, §49, 57, 58-9, 72, 78 96,99, 100, 106, 108 

English Land Transfer Act, reference to 46 

Entry Book, required by registrars 39 

to be kept by registrar, §49 96 

Equity, powers of Registration Courts, §6 79 

general rules of pleading and practice obtain, §19. . 85 
"involuntary transaction" includes equitable rights, 

etc., §2 76 

decrees, how registered, §49, 58, 59, 72, 78.96, 99, 100, 106, 108 

equitable interests and estates transferred, §60 100 

equitable rights to be set out in petition, §20 85 

equitable powers of examiners, §16 82 

equitable rights regarded, §69 105 

equitable remedies for fraud or forgery, §75 107 

registered land subject to registered rights, etc., 

§78 108 

Estates, which may be registered, §17 83 

less than fee simple registered by memorial, §55, 

56 98, 99 

of decedents in name of personal representative, 

§61 101 

in reversion or remainder protected by life tenant, 

§67 104 

Evidence, heard and taken by examiners, §16 82 

reported by examiner, §26 87 

certificates of registrar and sheriff conclusive, §33. . 89 

final decree conclusive of title, §44 93 

certificate of title conclusive of facts stated, §51 .... 97 

required for registration, §57, 58-9 99, 100 

of delinquent taxes, §63 102 

Examiner, reference of cause to 49, 50 

Examiners of Title, how appointed, §16 82 

how removed, § 16 82 

special, on motion, §16 82 



182 The Torrens System 

Examinees of Title — continued. page 

duties of, §16 82 

powers of commissioners in chancery, §16 82 

when cause referred to, §25 86 

report of, §26 87 

directions for process, §26 87 

court may refer cause again, §38 90 

fees for examining title and report, §88 (b) 114 

Execution, defined as "involuntary transaction," §2(2) 76 
how levied on registered land, §49, 58-9, 72. . .96, 99, 100, 106 

registered land subject to, §78 108 

Executor, holds title to testator's estate, §61 101 

acts as trustee for beneficiaries, §62 101 

no commissions except on sales, §62 (2) 101 

duties as to transfer, §62 ( 3) 102 

Fairfax County, act applies to, §89 7, 114 

Farmers' Conventions, influence of . 33 

Farmers, how helped by Torrens system 18-24 

Farms, need aid of Torrens system 21-24 

Federal Farm Loan Act, calls for Torrens system 22 

Fees, for lis pendens, §23 86 

publication, §27 88 

guardian ad litem, §35 90 

survey, §39 ...... 91 

on dismissal of petition, §40 91 

of registrars, §88 (a), 88(d) 113,114 

of Examiner of Titles, §88 (b), 16 114, 82 

of sheriff, §88 (c), 88(d) 114 

for record of memorandum of original registration, 

§47 95 

to Assurance Fund, §80 110 

Fee Simple, petition for registration of, §17 83 

whether subject to liens or not, §17 83 

encumbrances and lesser estates registered, §55 98 

equitable estates registered, §60 100 

Feudal System, difficult to uproot 1 

Filing, of petition noted on docket, §22 86 

of notice of lis pendens, §23 86 

of pleadings and papers noted on docket, §24 86 

reference to examiner upon filing of petition, §25 ... 86 
order of publication upon filing of examiner's report, 

§27 88 

of answer before final decree, §36 90 



Index 183 

Filing — continued. page 

of survey and plat, §39 91 

of proof of payment of taxes before final decree, 

§43 93 

of final decree noted on docket and entry book, 

§47 J& 

of memorials noted, dated and indexed, §45, 46, 49, 

50 94,95,96 

of documents creating trusts, etc., §60 100 

of memorandum of delinquent taxes, §63 102 

of petition by claimant, §68 104 

of petition by registrar, §68 (2) 105 

of petition in case of lost or destroyed duplicate, 

§71 105 

of documents for registration, §72 106 

First Legislative Assembly, in America at James- 
town, Va 14 

Fluvanna County, act applies to, §89 7, 114 

Foreclosure of Mortgage, same method as if unregis- 
tered, §78 108 

mortgagee's duplicate, if any, to be surrendered, §55, 

59 98,100 

Forfeiture, for taxes ended 9 

Forgery, renders certificate null and void, §74 107 

legal and equitable remedies for, §75 107 

Fraud, additional securities against 10 

renders certificate voidable in certain cases, §74.... 107 

legal and equitable remedies for, §75 107 

recourse against Assurance Fund, §84 112 

Fredericksburg, act applies to 8 

George, Henry, Progress and Poverty by 67 

Goochland County, act applies to, §89 7, 114 

Greensville County, act applies to, §89 7, 114 

Guaranteed Title, under Torrens system 8 

Guardian, persons under disability sue by, §18 84 

Guardian ad litem, infants, etc., defend by, §18 84 

fees as in other suits, §19 85 

appointed by the court, §35 90 

Halifax County, act applies to, §89 7, 114 

Handwriting, of owner required for duplicate, §52 97 

Hanover County, act applies to, §89 7, 114 

Hawaii Torrens Act, reference to 6 



184 The Torrens System 

PAGE 

Hearing, when granted 51 

Heirs or Devisees, title of passes through personal 

representative, §61 101 

no rights of, affected, §61 101 

may require transfer of estate, §62 101 

Henrico County, act applies to, §89 7, 114 

Highway, to be set forth in petition, §21, 30 85, 88 

State, county or city attorney to be notified, §30.. . . 88 

to be shown in survey, §39 91 

described in final decree, §45 94 

shown in certificate, §48 95 

Historical Statement, concerning Torrens system.... 1-6 

Holmes, Mr. Justice, quotations from 57, 65, 66 

How the Act Operates, explanation of 49-54 

Hungary, registration of title in 5 

Husband or Wife, to be set forth in petition, §21 85 

marital rights defined, §2(2) 76 

marital rights a legal incident, §2(2), 45, 61, 

78 76, 94, 101, 108 

inchoate rights protected by registration, §2(2), 

58, 61, 78 76, 99, 101, 108 

Illinois Torrens Act 5 

statistics 26, 27 

first act unconstitutional. N 56 

present act upheld by courts 56 

Improvement, registration of title the only permanent. . 11 

Incidents, legal, of registered land, §78 108 

all preserved by registration, §78 108 

Indemnity, see Assurance Fund. 

Index, petition docketed, numbered, indexed, §22 86 

Us pendens indexed, §23 86 

all papers filed with registrar, §24 86 

final decree indexed, §47 95 

entries indexed, §49 96 

certificates and memorials indexed, §50 96 

Infants, petition filed by guardian or next friend, §18.. 84 

defend by guardian ad litem, §18, 35 84, 90 

bound by ninety days' limitation, §11, 44 80, 93 

final decree as to, §44 93 

rights against Assurance Fund extended, §83 Ill 



Index 185 

PAGE 

Infancy, decree not opened by reason of, §44 93 

Initial Registbation, see sections 17 to 53 83-97 

Innocent Purchaser, protected by certificate, §51 97 

claimant against, §68 104 

not protected against forgery, §74 107 

protected against fraud, §74, 84 107, 112 

remedies in cases of forgery, §75 107 

Insane. See Lunatic. 

Instrument, mentioned in definitions, §2(3) 77 

voluntary, how take effect, §49, 50, 57, 72, 78.96,99, 106, 108 
involuntary, how take effect, §49, 50, 58, 72, 78.96, 99, 106, 108 
Interests, less than fee, how registered, §49, 50, 55, 56, 

72, 78 96, 98, 99, 106, 108 

trusts and equitable interests, §60 100 

James City County, act applies to, §89 7, 114 

Jefferson, Thomas, quotations from 36, 44 

Joint Ownership, may be registered, §17 83 

Judges, courts of land registration, §4 78 

court held by designated judge, §13 81 

Judgment, lien to be mentioned in petition, §21 85 

to be reported by examiner, §2o 87 

pending registration, §42 93 

included among "involuntary transactions,"' §2(2). 76 

how registered, §49, 50, 55, 56, 58, 72, 78. .96, 98, 99, 106, 108 

against Assurance Fund, §85, 87 112,113 

Judicial Sale, of registered land, §72, 78 106, 108 

Jurisdiction, of Land Registration Courts, §5 78 

mode of trial in do., §8 79 

of other courts over registered land, §72, 78 106, 108 

Jury Trial, on motion of any person interested, §8 79 

King William County, act applies to, §89 7, 114 

Land Forfeiture, for taxes ended 9 

Land Laws, of slow development 1 

Land Owners in Virginia, statistics of 47 

Land, subject to jurisdiction of Land Registration 

Courts, §4 78 

to be described in petition, §21 85 



186 The Torrens System 

Land — continued. page 

to be surveyed and marked by durable bounds, §39. 91 

may be dealt with pending registration, §42 93 

decree in rem binds all land against world, §44 93 

described in final decree, §45 94 

transfers of, §54, 55 98 

transaction with, §56, 57, 58, 72, 78 99, 106, 108 

equitable estates in, §60 100 

of decedents, §61 101 

delinquent taxes and levies, §63-66 102, 103 

tenant in reversion or remainder, §67 104 

claims against, asserted in ninety days, §68 104 

legal incidents not affected, §72, 78 106, 108 

to remain forever registered, §76 108 

no rights by adverse possession or prescription, §77. 108 

conflicting claims between registered owners, §79. . . 110 

compensation for loss, §83-87 111-113 

rights of way, easements, etc., §21, 30, 39, 45, 

48 85, 88,91,94, 95 

Land Question, primitive and important 1 

Land Registration Docket, required by registrars, §22.. 39, 86 

Land Rights, explained 1, 19, 20, 69, 70 

Land Sharks, who are ? 30, 31 

Lease, if any, to be mentioned in petition, §21 85 

to be reported by examiner, §26 87 

made pending registration, §42 93 

mentioned in final decree, §45 94 

subsequent, defined as "voluntary transaction," 

§2(1) 76 

subsequent, how registered, §49, 55, 57, 72, 

78 96, 98, 99, 106, 108 

for one year need not be registered, §73 106 

Legislature or 1916, passes Torrens act 20 

Levy, registered land subject to, §78 108 

Lien, subsequent, defined as "involuntary transaction," 

§2(2) 76 

title registered subject to liens, §17 83 

to be mentioned in petition, §21 85 

to be reported by examiner, §26 87 

pending registration, §42 93 

mentioned in final decree, §45 94 



Index 187 

Lien — continued. page 
subsequent, how registered, §49, 50, 55, 56, 58, 72, 

78 96,98,99,106,108 

delinquent taxes and levies, §63-66 102, 103 

Life Estate, if any, to be mentioned in petition, §21. . . 85 

to be reported by examiner, §26 87 

pending registration, §42 93 

mentioned in final decree, §45 94 

subsequent, how registered, §49, 50, 55, 57, 58, 72, 

78 96, 98, 99, 106, 108 

Limitation, as to appeals, etc., ninety days, §11 80 

as to opening decree, ninety days, §44 93 

as to claims against registered lands, §68 104 

none against fraud or forgery, §68, 74, 75 104, 107 

as to suits against Assurance Fund, §83 Ill 

Limited Estates, how transferred or charged, §60 100 

Lis Pendens, notice of to be recorded, §23 86 

subsequent, how registered, §49, 58, 72, 78 96, 99, 106, 108 

required to be filed 49 

Liveby of Seisin, discussion of 69 

Loans, short and small 10 

Local Option, under referendum clause, §89 114 

London Company, of Virginia 14 

London Land Registry Office, cost of, §2 (n) 76, 77 

Loss of Duplicate, remedy for, §71 105 

Louisa County, act applies to, §89 7, 114 

Lunatic, petition by committee, §18 84 

answer by committee, §18 84 

guardian ad litem, §18, 35 84, 90 

bound by ninety days' limitation, §11, 44 80, 93 

final decree as to, §44 93 

rights against Assurance Fund extended, §83 Ill 

Lunenburg County, act applies to, §89 7, 114 

McIlwaine, Hon. W. B., introduces first Torrens bill ... 3 
Married Women. See Husband or Wife. 

Marshall, Chief Justice John, quotation from 61 

Mason, J. H., of Toronto, reference to 32 

Massachusetts Torrens Act, reference to 5 

statistics of 27 

Master, examiner may act as, §16 82 

Mathews County, act applies to, §89 7, 114 

Mechanic's Lien. See Lien. 



188 The Torrens System 

PAGE 

Mecklenburg County, act applies to, §89 7, 114 

Memorandum, of pleadings and papers, §24 86 

of final decree, §47 95 

on Entry Book, §49 96 

of delinquent taxes, §63 102 

of first tax sale, §64 102 

Memorials, proceeding in rem, §9 80 

subsequent, in convenient forms, §45, 51, 53 94,97 

take effect when, §46 95 

how registered, §49, 50, 53, 56, 57, 58, 59, 72, 

78 96, 97, 99, 100, 106, 108 

equitable estates, §60 100 

preserving right of redemption, §64, 65 102, 103 

claims and caveat, §68 104 

Middlesex County, act applies to, §89 7, 114 

Minnesota Torrens Act, reference to 5 

statistics of 27 

Minor. See Infants. 

Mississippi Torrens Act, reference to 5 

Mistake, in registering title, recourse on Assurance 

Fund, §83-7 111-113 

Money Sharks, who are ? 30, 31 

Moneys, collected for Assurance Fund, §15, 80 82, 110 

paid into State treasury, §81 110 

to be invested, etc., §82 110 

Moody, Mr. Justice, quotation from 63 

Mortgage. See Encumbrances. 

Motion, for jury trial, §8 79 

for dismissal of petition, §40 91 

Munich, registration of title in 4 

Muniments of Title, may be filed with petition, §20, 

24 85,86 

Name, petition to be in bona fide, §18 84 

full, and address of all persons interested in petition, 

§21 85 

index, §22, 23 86 

and address of all persons interested, reported by 

examiner, §26 87 

notice by mail to persons named, §28 88 

and address of occupants reported by sheriff, §29 ... 88 



Index 189 

PAGE 

National Conference, Commissioners in Uniform State 

Laws 3, 4, 21 

Nebraska Torbens Act, reference to 5 

Negligence, of tax collector, liability for, §63 102 

of owner to pay taxes, result of, §63-66 '.'..' 102, 103 

loss of duplicate, remedy, §71 105 

negligence of registrar, remedy for, §68 104 

to procure registration fatal to claim, §78 108 

suits against Assurance Fund for, §84(2) 112 

Negotiable Land Titles, approached under Torrens 

act , , 68 

New Kent County, act applies to, §89 7, 114 

New York Torrens Act, reference to 5 

New South Wales Torrens Act, reference to 31, 46 

Non-Resident, petitioner must appoint agent for process, 

§18(3) 85 

defendants must be mentioned in petition, §20 85 

order of publication in rem, §27 88 

guardian ad litem for, §35 90 

answer of, sworn to, §37 90 

final decree binds, §44 93 

North Carolina Torrens Act, reference to 5 

Notations. See Memorials. 

Notice, of court, or process, returnable as directed, §7.. 79 

proceedings in rem, §9 80 

by examiners as commissioners in chancery, §16. . . . 82 

of lis pendens, §23 86 

by order of publication in rem, §27 88 

by mail, §28, 70 88, 105 

by posting on land, §29 88 

to State, county or city, §30 88 

other, required by court, §31 88 

effect of, §32 89 

of survey, to adjoining owners, §39 91 

of dealings pending registration, §44 93 

of claims asserted against registered land, §69, 70. . . 105 

of petition upon loss of owner's duplicate, §71 105 

innocent purchaser without, §75 107 

innocent encumbrancer without, §75 . 107 

loss of title without, remedy, §83 Ill 



190 The Torrens System 

Notice — continued. page 

for referendum, §89 114 

for production of duplicate certificate, §59 100 

of transactions, how registered, §49, 50, 53, 54-61, 

72, 78 96,97,98-101,106,108 

of delinquent taxes registered, §63 . . 102 

of decedents registered, §61-2 101 

only effective when registered, §72, 78 106, 108 

of final decree to be recorded, §47 95 

of every registered transaction, to all persons, §72. . 106 

of United States liens and claims, imputed, §73 106 

of taxes and levies not delinquent, imputed, §73 .... 106 
of lease for one year, with occupation, imputed, 

§73 •■••;•• 106 

Oath, of registrars, §14 81 

to petition, §21 85 

to answer, §37 90 

Objections Answered, authorities cited 55-71 

Occupants, of adjoining lands, named in petition, §21.. . 85 

of adjoining lands, reported by examiner, §26 87 

of premises, reported by sheriff, §29 88 

shown by survey, §39 « 91 

acquire no title by adverse possession, §77 108 

Ohio Torrens Act, reference to 5 

first act unconstitutional 56 

State Constitution amended 56 

second act of 1913 56 

Ontario Torrens Act, reference to 32 

Opening of Decree, none after ninety days, §11, 44 80, 93 

Operative Act, to transfer or affect title, registration 

only, §78 108 

Orange County, act applies to, §89 7, 114 

Order Book, required by registrars, §25, 38, 39, 40, 41, 

44, 47, 59, 60, 68, 69, 71 . . . 86, 90, 91, 92, 93, 95, 100, 104, 105 

Orders of Court, run where, §4, 5 78 

how enforced, §6 79 

appeal from, only within ninety days, §11, 44 80, 93 

stand, if appeal not prosecuted, §44 93 

how docketed, §47 95 

how registered, §49, 50, 53, 56, 58, 60, 69, 72, 

78 96,97,99,100, 105,106,108 



Index 191 

Orders of Court — continued. page 

for transfer of equitable estates, etc., §60 100 

to compel registrar to do his duty, §68-9 104, 105 

lien of on registered land, §2(2), 58, 72, 78. .76, 99, 106, 108 

Oregon Torrens Act, reference to 5 

Original Registration, how obtained 49 

Owners, in fee, petition of, §17 83 

under disability, how petition, §18 84 

non-resident must name agent, §18 84 

petition must mention adjoining, §20 85 

examiners must report adjoining, §26 87 

non-resident, guardian ad litem for, §35 90 

answer of, §37 90 

survey to show adjoining, §39 91 

final decree binds all, §44 93 

life, must pay taxes, §67 104 

conflicting claims between registered, §79 110 

suffering loss without notice, remedy, §83 Ill 

unknown, order of publication against, §27 88 

unascertained, etc., guardian ad litem for, §35 90 

index of, §50 96 

Owner's Duplicate, what is, and who entitled to, §52, 

55 97,98 

to be receipted for in owner's handwriting, §52 .... 97 

memorials on, §53, 56 97, 99 

cancellation of, in transfers, §54, 55 98 

when surrendered, §57, 58 99 

production of required, §59 100 

for equitable estates, §60 100 

to personal representative, §61 101 

cancellation for delinquent taxes, §64 102 

new for delinquent taxes, §64 102 

new to purchaser at final tax sale, §65 103 

lost or destroyed, remedy for, §71 105 

forgery of, §74 107 

Owner's Duplicates, what thev are 52 



Papers, appropriate cases for, how furnished, §12 81 

printed blanks and stationery, how furnished, §12.. 81 

filed with registrar, docketed and safely kept, §24.. 86 



192 The Torrens System 

Papers — continued. page 

mailed by registrar, §28 . . . . 88 

posted by sheriff, §29 88 

noted in Entry Book, §49 96 

how registered, §49, 50, 53, 57, 58, 63, 72, 

78 96, 97, 99, 102, 106, 108 

Parties, jurisdiction of court over, §5, 6 78, 79 

who may petition for registration, §17 83 

under disability, how sue and defend, §18 84 

non-resident petitioner to appoint agent, §18 y. 84 

oath of, to petition and any amendment, §20 85 

signature and oath of, §20, 37 85, 90 

all interested, to be mentioned in petition, §21 85 

notice of lis pendens, §23 86 

examiner to report who are proper, §26 87 

order of publication against all, known and un- 
known, §27 88 

notice by mail to, §28 88 

notice by posting on land, §29 88 

occupants reported by sheriff, §30 88 

other notice may be required by court, §31 88 

personal service on resident, §31 88 

certificate of service on, §33 89 

guardian ad litem for certain, §35 90 

answer of, §36 90 

to survey, §39 91 

pending registration, §42 .- 93 

final decree binds all the world, §44 93 

to proceedings after registration, §68-70 104, 105 

how may deal with registered land, §78 108 

who may sue Assurance Fund, §83 Ill 

to suits against Assurance Fund, §84 112 

Partition, of registered lands, §72, 78 106, 108 

Peckham, Mr. Justice, quotation from 64 

Permanent Improvement, the only genuine 11,12 

Personal Representatives, hold title of decedent's 

estates, §61 101 

powers of, §62 101 

when entitled to commissions, §62 101 

Persons. See Parties. 

Petersburg, act applies to, §89 8, 114 



Index 193 

PAGE 

Petition fob Registration, explained 49 

Petition, who may file for registration, §17 83 

of persons under disability, §18 84 

must be signed and sworn to, §20 85 

contents of, §21 85 

to be filed and docketed, §22 86 

notice of Us pendens to be recorded, §23 86 

answer to, §36, 37 90 

may be dismissed, §40 ' 91 

amendments to, under oath, §20, 41 85, 92 

concerning registered land, §68 104 

by or against registrar, §68 104 

in case of lost duplicate, §71 105 

for referendum, §89 114 

Philippine Islands Torrens Act, reference to 5 

Plan, of property to accompany petition, §21 85 

Plat, to be filed by surveyor, §39 91 

of subdivision, §39 91 

Pledges, under Torrens system 53 

Police Power, discussion of 65, 66 

Portsmouth, act applies to, §89 8, 114 

Possession, adverse, and prescription, give no title. §77. 108 

Posted, order of publication to be, §27 88 

copy of publication, on land, by sheriff, §29 88 

hearing after posting, etc., §34 90 

Postoffice, registry return receipt, evidence of service, 

§28, 70 88, 105 

addresses to be given in petition, §21 85 

addresses to be reported by examiner, §26 87 

addresses to be reported by sheriff, §29 88 

Power of Appointment, fee under, may be registered, 

§17 82 

Power of Attorney, how registered, §2(1), 49, 50, 53, 

57, 72, 78 76, 96, 97, 99, 106, 108 

fee held under, petition for registration of, §17. . . . 82 
Powers, of courts, §6, 38, 39, 40, 41, 44, 59, 60, 69, 71, 

78 79, 90, 91, 92, 93, 100, 105, 108 

of Registrars of Title, §15, 50, 59 82, 96, 100 

of Examiners of Title, §16 82 

of personal representatives, §62 101 

Powhatan County, act applies to, §89 7, 114 



194 The Torrens System 

PAGE 

Practical Points, discussion of 7-10 

Practice, under rules of court, §10 80 

as to trial, §8 79 

proceedings in rem, §9 80 

rehearing, appeals, bills of review, etc., § 1 1 80 

as to petition, §17, 20, 21, 22, 40, 41 82, 85, 86, 91, 92 

as to answer, §18, 36, 37, 38 84, 90 

as to examiners of titles, §16, 26, 38 82, 87, 90 

as to process, §7, 27-33 79, 88, 89 

as to survey, §39 91 

as to opening decrees, §44 93 

as to registration, §49, 50, 57, 58, 72, 78 96,99, 106, 108 

as to Assurance Fund, §83-7 111-113 

as to referendum, §89 114 

Prague, registration of title in 4 

Prescription, no rights acquired by, §77 108 

Prince Edward County, act applies to, §89 7, 114 

Prince George County, act applies to, §89 7, 114 

Princess Anne County, act applies to, §89 7, 114 

Prince William County, act applies to, §89 7, 114 

Priorities, established and decreed, §17, 45 82, 94 

preserved, §56 99 

of claims against registered lands, §68, 72, 78 106, 108 

Proceeding in Rem, registration a 49 

original registration, §9 80 

subsequent registration, §9 80 

Process, under Torrens system 50 

when issued, when returnable, §7 79 

issued by registrar, §15 82 

order of publication, when made, §27 88 

notice by mail, §28 88 

notice by posting, §29 88 

notice to State, county or city, §30 88 

other notice, §31 88 

personal service, §31 . 88 

effect of notice, §32 89 

certificate of service, §33 89 

noted on Entry Book, §49 96 

in proceedings after registration, §69, 70 105 

in proceedings about lost duplicate, §71 105 

fees for, §88 (a), 88(d) 113,114 



Index 195 

PAGE 

Proof of Service, certificate of registrar and sheriff and 

their deputies, §33 89 

in proceedings after registration, §70 105 

Prussia, registration of title in 5' 

Publication, order of, when made, §27 88 

effect of, §9, 27, 44 80, 88, 93 

mailing copies of, §28 88 

posting copies of, §29 88 

proof of, §33 89 

maturity of order of, §34 90 

action of court after maturity of, §38 90 

in case of lost duplicate, §71 105 

Public Way, to be mentioned in petition, §21 85 

to be mentioned by examiner, §16, 26 82, 87 

State, county, or city notified, §30 88 

defined by survey, §39 91 

described in final decree, §45 94 

Purchaser, no title in cases of forgery, §74 107 

rights of, in cases of fraud, §74 107 

rights of innocent registered, §75 107 

remedies of in cases of fraud or forgery, §75 107 

recourse against Assurance Fund, §83-4 Ill, 112 

Queensland, statistics from 26 

Questions of Fact, determined by court, §8 79 

determined by jury trial, on motion, §8 79 

writs of error, etc., §11 80 

Questions of Law, determined by court, §5, 6, 8 78, 79 

appeals, etc., §11 80 

Quieting Titles, final decree, binds the world, §44 93 

absolute after ninety days if no appeal, §11 80 

decrees, how registered, §44, 45, 49, 58, 78... 93, 94, 96, 99, 108 

Rappahannock County, act applies to, §89 7, 114 

Real Estate Agents, how affected 30, 33 

practical results for 33 

Recorded, notice of lis pendens to be, §23 86 

memorandum of final decree to be, §47 95 

Record System, discussed 14-16 

Reference, to examiner, §25, 38 49, 86, 90 



196 The Torrens System 

PAGE 

Referendum, in Uniform Act, §89 8, 114 

Register of Title Book, required by registrars, §48 . ... 39, 95 

Register of Titles, book, §48, 50 95, 96 

Registered Land, to remain forever registered, §76.... 108 

subject to legal incidents, §78 108 

Registrars of Title, discussed 37-39 

duties and powers 38, 39 

books required by 39 

fees 39 

denned, §2(4) 77 

furniture, books, and stationery for, §12 81 

who become, § 14 81 

act under direction of court, §14, 15, 50, 57-8, 

68 81, 82, 96, 99, 104 

how governed, §14 81 

official designation of, §14 81 

must qualify and give bond, §14 81 

deputies may act for, §15 82 

duties and powers of, §15 82 

docket, number and index petition, §22 86 

cause lis pendens to be recorded, §23 86 

docket and keep all papers filed, §24, 41 86, 92 

number, date and index all papers, §24 86 

mail copies of order of publication, §28 88 

deliver order of publication to State, etc., officer, 

§30 88 

certificate from, §33 88 

docket and record final decree, §47 95 

note decree on Entry Book, §47 95 

final decree recorded and indexed in Deed Book, 

§47 :... 95 

keep Order Book, §25, 38, 39, 40, 41, 44, 47, 59, 60, 

68, 69, 71 86,90,91,92,93,95,100,104,105 

keep Land Registration Docket, §22, 24 86 

keep Register of Titles Book, §48 95 

keep Entry Book, §49 96 

note on Entry Book all documents filed, §44 96 

number, date and index all documents, §49 96 

register certificates and memorials in Register of 

Titles Book, §50 96 



Index 197 

Registrars of Title — continued. page 

cannot alter certificate without order of court, §51. 97 

issue owner's duplicate, §52 97 

number all certificates of title consecutively, §53.. . 97 

register memorials on separate folium, §53 97 

sign, seal, date and number memorials, §53 97 

cancel duplicates and issue new for transfers, 

§54-5 98 

continue memorials until satisfied, §56 99 

register voluntary transactions, when, §57 99 

register involuntary transactions, when, §58 99 

require production of duplicates, §59 100 

register trusts and equitable estate, §60 100 

transfer trusts, etc., when, §60 100 

register lands of decedents, how, §61 101 

register delinquent taxes and levies, §63 102 

register first tax sale, how, §64 102 

register redemptions, when, §65 103 

register final tax sale, §66 103 

register memorials for caveat, §68 104 

petition court when in doubt, §68 (2) 105 

petition of aggrieved person against, §68(2) 105 

collect fee for Assurance Fund, §80 110 

pay Assurance Fund fees into State treasury, §81.. . 110 

recourse for wrongful act of, §84(2) 112 

fees of, §88 (a), 88(d) 113,114 

Registration of Title — 

costs 11-13 

original 49 

proceeding in rem • 49 

petition 49 

lis pendens 49 

reference to examiner 49, 50 

report of examiner 50 

process , 50 

publication 50 

posting 50, 51 

personal service 57 

hearing 51 

survey 51 

adjudication of title 51, 52 



198 The Torrens System 

Registration of Title — continued. page 

certificates of title 52 

pays 13 

owner's duplicate certificate 52 

transfers 53 

pledges 53 

other effects 53 

assurance fund 53, 54 

improvement to property 11 

Registration, uniform land act, §1 75 

courts of land, §4 78 

proceedings, all in rem, §9 80 

uniform procedure for, §10 80 

books, blanks and stationery for, §12 81 

petition for, §17, 18, 20, 21, 40, 41 83, 84, 85, 91, 92 

dealings pending, §42 93 

all taxes and levies must be paid before, §43 93 

effect of decree for, §44, 46, 72, 73, 78 93, 95, 106, 108 

certificate of, §48 95 

method of, §49, 50, 53, 54-6, 57, 58, 60, 72, 

78 96,97, 98, 99, 100, 106, 108 

of estates of decedents, §61 101 

of delinquent taxes and levies, §63 102 

of sales for taxes, §64-6 102, 103 

of transfers, §54 98 

of partial transfers, encumbrances, etc., §55 98 

of memorials, §49, 56 96, 99 

of voluntary transactions, §2 ( 1 ) , 57 76, 99 

of involuntary transactions, §2(2), 58-9 76, 99, 100 

of equitable estates, §60 100 

of transfers of equitable estates, §60 100 

of claims against registered land, §68 104 

in cases of fraud and forgery, §74, 75 107 

of subsequent dealings with registered land, §78.. . . 108 

remedies for injurious, §83-84 Ill, 112 

Registry System, discussed 16, 17 

Rehearing, petition for, must be filed in ninety days, 

§11 80 

Remainder-Man, title of, protected against taxes, §67 . . 104 

Removal, of Examiner of Title, §16 82 

Renwick, Doctor, at Real Property Congress 31 



Index 199 

PAGE 

Report, of Examiners of Title, §16, 26 82, 87 

of sheriff concerning occupants, §29 88 

of delinquent taxes, §43, 63 93, 102 

Return Day, of process, fixed by court, §7 79 

Reversion, title of tenant in, protected against taxes, 

§67 104 

Review, bill of, limited to ninety days, §11 80 

Rhine Provinces, registration of title in 4 

Richmond, act applies to, §89 8, 114 

Right of Way, to be mentioned in petition, §21 85 

to be reported by examiner, §26 87 

notice to State, county, or city, §30 88 

determined by survey, §39 91 

settled by final decree, §45. 94 

Rights, of all persons to be mentioned in petition, §20.. 85 

notice of lis pendens for discovery of, §23 86 

of all persons to be reported by examiner. §26 87 

order of publication for discovery of, §27 87 

notice for assertion of, §28-31 88 

protected by guardian ad litem, §35 90 

asserted at any time before final decree, §37 90 

protected by court, §38 90 

protected by survey, §39 91 

pending registration, §42 93 

concluded by final decree, §45 94 

barred by statute, §11 80 

shown by certificate of title, §48, 50, 51. 56, 

73 95, 96, 97, 99, 106 

equitable, registered, §60 100 

how registered, §49, 57, 58, 72, 78 96, 99, 106, 108 

what may be registered, §2(1). 2(2), 72, 78 76, 106, 108 

no, by adverse possession or prescription, §77 108 

of recourse against Assurance Fund, §83-4 Ill, 112 

Roanoke County, act applies to 7 

Rules of Court, uniform, how established, §10 80 

registrars act under, §14, 15, 50, 57, 58, 68.. 81, 82. 96, 99, 104 

Rural Credits, Torrens system necessary for 22, 23 

Rusden, Geo. William, quotation from 55 



200 The Torrens System 

PAGE 

Sale, pending registration, §44 93 

how registered, §2(1), 2(2), 49, 54-5, 57, 58, 72, 

78 76, 96, 98, 99, 106, 108 

certificate passes absolute title as stated, §11, 44, 

48, 51, 73, 79 80, 93, 95, 97, 106, 110 

effect of fraud or forgery, §74-5 107 

purchaser's remedy for loss of title, §83-4 Ill, 112 

Saxony, registration of title in 5 

Seal, of court, how furnished, §12 81 

affixed by registrar, §15 82 

of court on Certificate of Title, §48 95 

of court on owner's duplicate, §52 97 

of court verifies memorials, §53 97 

Service, of process, by order of publication, §27, 71. . . . 88 

by mailing notices, §28 88 

by posting on land, §29 88 

by notice to State, county, or city attorney, §30. ... 88 

by other notice, §31 88 

by personal service, §31 88 

effect of notice, §32 89 

certificate of, §33 89 

non-residents to appoint agent for, §18 84 

effect of, §9,. 11, 44 80, 93 

under recommendation of examiner, §26 87 

in proceedings after registration, §70 105 

fees for, §88 (d) =■ 114 

Sessions of Court, continuous, except Sundays, etc., 

§7 79 

Severance, of petition may be ordered or allowed, §41.. 92 

Sheriff, required to post notices on land, §29 88 

to report names and addresses of occupants, §29 ... 88 

to make personal service of process, §31 88 

certificate of, §33 89 

deputies may act, §33 89 

fees of, §88 (c), 88(d) 114 

Sheriffs, duties and fees 39, 40 

Short Loans, promoted by Torrens system 10, 27 

Signature of Owner, required for duplicate certificate, 

§52 97 

Small Land Owners, value of 44-48 



Index 201 

PAGE 

Small Loans, frequent under Torrens system 10, 16, 17 

Smith, Clarence C, Recorder, statistics from 27 

Sociological Needs, discussion of 67 

South Australia Torrens Act, reference to 2, 46, 55 

South Carolina Torrens Act, reference to 5 

Southampton County, act applies to, §89 7, 114 

Spotsylvania County, act applies to, §89 7, 114 

Specific Performance, an incident of registered land, 

§78 108 

Stafford County, act applies to, §89 7, 114 

State Duties, to citizens 18-20 

Statute of Limitations, to appeals, etc., §11 80 

not extended by disability, §11 80 

applies to final decree and subsequent registra- 
tions, §44, 51, 68, 73 93, 97, 104, 106 

does not apply to fraud or forgery, §68 104 

Statutory Liens. See Lien. 

Streets, to be mentioned in petition, §21 85 

reported by examiner, §26 87 

protected by notice to city attorney, §30 88 

defined by survey, §39 91 

settled by final decree, §44, 45 93, 94 

Subsequent Certificates' form of, §48, 53, 56 95, 97, 99 

Substitution, of parties, §41 92 

Suit, for registration, how begun, §17, 18 83, 84 

practice, general rules for, §10, 19 80, 85 

how docketed, §22 86 

notice of Us pendens recorded, §23 86 

pleadings and papers in, §24 86 

may be dismissed, §40 91 

effect of decree in, §44 93 

concerning registered land, §78 108 

against Assurance Fund, §83-4 Ill, 112 

Summons. See Process. 

Supreme Court Decisions, discussion of 58,59 

Surrender, of owners' duplicate, §54-5, 57-8 98, 99 

for delinquent taxes, §64 102 

Surry County, act applies to, §89 7, 114 

Survey, may be required by court 43, 51 



202 The Torrens System 

Survey — continued. page 

may be ordered by court, §39 91 

fees for, §88 (d) 114 

Surveyor, to be appointed by court, §39 91 

to notify adjoining owners, §39 91 

to set durable bounds and file plat, §39 91 

Surveyors, appointed by court 43, 51 

Sussex County, act applies to, §89 7, 114 



Taxes, kept straight 9, 22, 41, 42 

Taxes, no forfeiture for 9, 22, 42 

Taxes, must be paid before registration of title, §43 .... 93 

certificate of payment, §43 93 

must be paid before transfer of registered land, §57. 99 
registered on certificate and owner's duplicate, 

58-9 99, 100 

delinquent, to be reported for registration, §63 102 

penalty on officer for failure to report, §63 102 

first sale for delinquent, §64 102 

owner's duplicate cancelled for, §64(2) 102 

redemption allowed, §64-5 102, 103 

final sale for delinquent, §66 103 

life tenant must pay, §67 104 

title of remainder-man or reversioner protected, §67. 104 

Tenants in Common, may unite in petition, §17 83 

Tested, Torrens system thoroughly 21 

Time, of filing noted on all documents, §24, 49 86, 96 

Title, jurisdiction for registration of, §4, 5 78 

courts open for registration of, §7 79 

mode of trial for registration of, §8 79 

proceedings in rem for registration of, §9 80 

rules of court for registration of, §10 80 

statute of limitations in registration proceedings, 

§11 80 

examiners of, §16, 26 82, 87 

what, may be registered, §17 83 

whose may be registered, §17-18 83, 84 

survey for registration of, §39 91 

dealt with pending registration, §42 93 

taxes to be paid before registration of, §43 93 



Index 203 

Title — continued. page 

registered, good against all the world, §44, 73 93, 106 

certificate of, §51 97 

owner's duplicate certificate of, §52 97 

transfers of registered, §49, 54-5, 57-8, 60, 61, 

78 96, 98, 99, 100, 101, 108 

equitable, how registered and transferred, §60 100 

of decedents, how registered and transferred, §61-2.. 101 

tax, §64-6 102,103 

of tenant in reversion or remainder, §67 104 

claims against registered, §68 104 

affected by registration of transactions, §72, 78. . . . 106, 108 

by registered certificate, §73 106 

none acquired by forgery, §74 107 

how fraud affects, §74, 75 107 

to remain forever registered, §76 108 

none by adverse possession or prescription, §77 108 

registered, incidents of, §78 108 

registered, how may be dealt with, §78 108 

what affects, §78 108 

conflicting certificates of, §79 110 

recourse for loss of, §83-4 Ill, 112 

Torbens Acts in United States, list of 5 

Toeeens, Sir R. R., brief sketch of 2, 55 

Torrens System — 

always fought 2, 55 

business proposition 9 

constitutional provision for in Virginia 3 

difference between recordation and registration. ... 41 

every State needs, for Federal Loan Act 22-24 

first bill for, in Virginia 3 

guarantees title 8 

helps laymen and business men 16 

increases bankable capital 34. 35 

justice to realty 68-70 

keeps taxes straight 9, 22 

land titles made negotiable 68 

makes farm loans easy 22-24 

never abandoned after adoption 11 

objections answered 55-71 

purpose of 2 



204 The Torrens System 

Torrens System — continued. page 

quick and cheap dealings with lands 10 

registers titles 16 

short loans and small loans 9 

titles cleared 8 

Uniform Act adopted by National Conference 4 

Virginia leads in Uniform Act 4 

will multiply and protect homes 25, 27 

Transactions, "voluntary" and "involuntary," §2(1), 

2(2) 76 

registration of "voluntary," §49, 57 96, 99 

registration of "involuntary," §49, 58-9 96, 99, 100 

all sorts of, may be had with registered land, §72, 

78 106, 108 

Transfers, how effected, §49-51, 53, 78 96, 97 

total, how effected, §54 98 

partial, 1 how effected, §55 98 

how made . . . . 53 

voluntary, §49, 57 . . 96, 99 

taxes must be paid before, §57 99 

involuntary, §49, 58-9 96, 99, 100 

of equitable estates, §60 100 

of estates of decedents, §61-2 101 

for delinquent taxes, §64-6 102, 103 

in cases of fraud or forgery, §74-5 107 

remedy for wrongful, §83-4 Ill, 112 

fees for, §88 (a) 113 

Transmission, of decedent's title, §61-2 101 

Treasurer, county, to report delinquent taxes, §63..... 102 

County, to report tax sale, §64 102 

County, to make final tax sale, §65 103 

State, to receive Assurance Fund, §81 110 

State, to invest funds, §82 110 

State, defendant to suit against Assurance Fund, 

§84, 85 112 

Treasurers, duties and fees . 41-43 

Trust, how registered, §49, 72, 78 96, 106, 108 

estates, how transferred, §61 101 

estates of decedents held in, §62 101 

Assurance Fund not liable for breach of, §86 113 



Index 205 

PAGE 

Trustees, certificate to, §49, 57, 78 96, 99, 108 

cannot authorize transfer without express power, 

§60 100 

personal representatives become, §62 101 

breach of trust by, Assurance Fund not liable, §86. . 113 

Uniform Land Registration Act — 

a business proposition 9 

guarantees title 8 

gives freedom to real estate 10 

new method of clearing title 8 

new method of dealing with lands 9 

not compulsory 8 

prevents forfeiture 9 

prevents fraud 10 

promotes loans, short and small 10 

applies to certain counties and cities 7,8 

cost of registration 11-13 

a permanent improvement 11, 12 

costs incurred only once 12 

will pay you 13 

Uniform State Laws, National Conference of Commis- 
sioners on 3, 4 

Unknown Owners, order of publication against, §27... 88 

guardian ad litem for, §35 90 

bound by final decree, §44 93 

remedy of, against Assurance Fund, §83-4 Ill, 112 

Utah, Torrens bills in 6 

Vacancy, in court, how supplied, §13 81 

Variance, in certificates, older prevails, §79 110 

Vendor and Vendee, included in definition of voluntary 

transaction, §2(1) 76 

Victoria Torrens Act, reference to 46 

Vienna, registration of title in 4 

Virginia : Bankers' Association 33, 34 

farmers need Torrens system 18-24, 33 

first legislative assembly in America 14 

forfeiture for taxes ended 9 

House of Burgesses acts 14 



206 The Torrens System 

Virginia — continued. page 

land owners 47 

land values 34, 35 

leads in Uniform Land Registration Act 4 

Legislature of 1916 4 

long fight for Torrens act 2-4 

referendum in Torrens act 8 

Torrens act, in certain counties and cities 7,8 

Vote, on referendum for application of act, §89 114 

Warwick County, act applies to, §89 7, 114 

Washington Torrens Act, reference to 5 

Way, rights of, to be mentioned in petition, §21 85 

rights of, to be reported by examiner, §26 87 

rights of, to be shown by survey, §39 91 

rights of, to be determined by decree, §45 94 

rights of, shown on certificate, §47-8 95 

public, determined, §30, 39, 45 88, 81,94 

White, Mr. Chief Justice, quotation from 64 

Wigmore, Dean Jno. H., services of 4 

Wilson, President Woodrow, reference to 22 

Williamsburg, act applies to, §89 8, 114 

Will, how it affects registered land, §72, 78 106, 108 

World's Real Property Congress, discussions at 31 

Writ, of certiorari, within ninety days, §11 80 

of error, within ninety days, §2(6), 11 77, 80 

Yeardley, Sir George, Governor of Virginia 14 

York County, act applies to, §89 7, 114 






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